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A07848 Summary:

BILL NOA07848
 
SAME ASSAME AS S02521
 
SPONSORLentol
 
COSPNSRPaulin, Buchwald, Crouch
 
MLTSPNSR
 
Amd 240.60, Pen L
 
Relates to an intentional act or course of action that would cause serious physical harm to ten or more people.
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A07848 Actions:

BILL NOA07848
 
05/17/2017referred to codes
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A07848 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7848
 
SPONSOR: Lentol
  TITLE OF BILL: An act to amend the penal law, in relation to an intentional act or continuing course of action that would cause serious physical harm to ten or more people   PURPOSE: This bill would expand the provisions of Article 240 of the Penal Law to make all threats of mass violence against a school a felony.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 5 of section 240.60 of Article 240 of the Penal Law to Include all threats of intentional sots or continuing course of actions that would cause serious physical harm to ten or more people upon school grounds in the definition of falsely reporting an Incident In the first degree, a class O felony. Section 2 states this act shall take effect on the thirtieth day after it shall have become law.   JUSTIFICATION: Under current law, If an Individual threatens a fire, explosion or release of a hazardous substance on school grounds, he or she is guilty of a class D felony of falsely reporting an incident in the first degree. However, In the years that have passed since the enactment of the current law, the nature of the threats facing schools have changed. Any threat of mass violence against a school, regardless of the Implement threatened to be used, creates immense fear for both students and staff, disrupts the learning process, and ultimately dilutes the response if an actual incident were to occur. In one such Instance, a community in central New York, Walton (in Dela- ware County), has been the victim of repeated threats. Starting in Janu- ary 2013, just after the tragic events in Newtown, CT, an Individual made a series of threat using social media. These threats, which required police presence and cancellation of school events, were explic- it, and were accompanied by photos of dead children. Due to their under- standable fear, parents kept their children home while the investigation proceeded. When the perpetrator (an adult woman in the community) was apprehended, she was charged with misdemeanor harassment. The school was informed that this type of threat did not legally rise to the same level as a bomb threat and this was all that could be done. After the perpetrator was convicted and subsequently released, the threats resumed in May. The end of the year was terrifying for parents, students, faculty and staff. Recess was moved indoors, activities cancelled, and schools were put on lockdown. Eventually the same perpe- trator was rearrested and reconvicted. Again the charge was misdemeanor harassment. Again she was released with the same explanation that she had not made a threat with a bomb or similar device and therefore the crime did not rise to the level of felony. While this story represents the experience of a single district, It higlights an inadequacy In the current law. If a school is threatened with mass violence, the Implement threatened to be used should not miti- gate the crime; the charge should be commensurate with devastating harm such threats have on a community.   LEGISLATIVE HISTORY: 2013-14. S 7931/A 9784-A Referred to Rules/Referred to Codes a.2800A of 2015-16   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after It shall have become law.
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A07848 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7848
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2017
                                       ___________
 
        Introduced  by  M. of A. LENTOL, PAULIN -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation  to  an  intentional  act  or
          continuing  course of action that would cause serious physical harm to
          ten or more people
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 5 of section 240.60 of the penal law, as added
     2  by chapter 561 of the laws of 1999, is amended to read as follows:
     3    5. Knowing the information reported,  conveyed  or  circulated  to  be
     4  false  or  baseless and under circumstances in which it is likely public
     5  alarm or inconvenience will result, he or she initiates or circulates  a
     6  report or warning of an alleged occurrence or an impending occurrence of
     7  a  fire,  an explosion, [or] the release of a hazardous substance, or an
     8  intentional act or continuing course of action that would cause  serious
     9  physical harm to ten or more people, upon school grounds and it is like-
    10  ly that persons are present on said grounds.
    11    §  2.  This  act shall take effect on the thirtieth day after it shall
    12  have become a law.
 
 

 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00181-01-7
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