Ren 240.79 to be 240.80, amd 240.80 & 485.05, add 240.79, Pen L; amd 530 .13, CP L
Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.
STATE OF NEW YORK
________________________________________________________________________
8457--A
2023-2024 Regular Sessions
IN ASSEMBLY
December 29, 2023
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the penal law and the criminal procedure law, in
relation to establishing the crimes of aggravated threat of mass harm
in the first degree and aggravated threat of mass harm in the second
degree, and making such crimes hate crimes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.79 of the penal law, as added by chapter 206 of
2 the laws of 2022, is renumbered section 240.80 and is amended to read as
3 follows:
4 § 240.80 Aggravated threat of mass harm in the first degree.
5 1. A person is guilty of aggravated threat of mass harm in the first
6 degree when such person engages in conduct as defined in section 240.78
7 or 240.79 of this article and has made any overt act in furtherance of
8 the commission of such crime.
9 2. For purposes of this section, an overt act may include making a
10 plan to carry out such threat, compiling a list of targets, possession
11 of any weapon or device that can be used to carry out such threat, or
12 other preparatory action.
13 Aggravated threat of mass harm in the first degree is a class [A
14 misdemeanor] E felony.
15 § 2. The penal law is amended by adding a new section 240.79 to read
16 as follows:
17 § 240.79 Aggravated threat of mass harm in the second degree.
18 1. A person is guilty of aggravated threat of mass harm in the second
19 degree when such person engages in conduct as defined in section 240.78
20 of this article and the threat is made because of a belief or perception
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13757-03-4
A. 8457--A 2
1 regarding the group's race, color, national origin, ancestry, gender,
2 gender identity or expression, religion, religious practice, age disa-
3 bility or sexual orientation, regardless of whether the belief or
4 perception is correct.
5 2. Proof of race, color, national origin, ancestry, gender, gender
6 identity or expression, religion, religious practice, age disability or
7 sexual orientation of the defendant, the victim or of both the defendant
8 and the victim does not, by itself, constitute legally sufficient
9 evidence satisfying the people's burden under subdivision one of this
10 section.
11 3. For purposes of this section, the terms "age", "disability" and
12 "gender identity or expression" shall be afforded the meaning of those
13 terms as described in subdivision four of section 485.05 of this chap-
14 ter.
15 Aggravated threat of mass harm in the second degree is a class A
16 misdemeanor.
17 § 3. Subdivision 3 of section 485.05 of the penal law, as amended by
18 section 3 of part R of chapter 55 of the laws of 2020, is amended to
19 read as follows:
20 3. A "specified offense" is an offense defined by any of the following
21 provisions of this chapter: section 120.00 (assault in the third
22 degree); section 120.05 (assault in the second degree); section 120.10
23 (assault in the first degree); section 120.12 (aggravated assault upon a
24 person less than eleven years old); section 120.13 (menacing in the
25 first degree); section 120.14 (menacing in the second degree); section
26 120.15 (menacing in the third degree); section 120.20 (reckless endan-
27 germent in the second degree); section 120.25 (reckless endangerment in
28 the first degree); section 121.12 (strangulation in the second degree);
29 section 121.13 (strangulation in the first degree); subdivision one of
30 section 125.15 (manslaughter in the second degree); subdivision one, two
31 or four of section 125.20 (manslaughter in the first degree); section
32 125.25 (murder in the second degree); section 120.45 (stalking in the
33 fourth degree); section 120.50 (stalking in the third degree); section
34 120.55 (stalking in the second degree); section 120.60 (stalking in the
35 first degree); subdivision one of section 130.35 (rape in the first
36 degree); subdivision one of section 130.50 (criminal sexual act in the
37 first degree); subdivision one of section 130.65 (sexual abuse in the
38 first degree); paragraph (a) of subdivision one of section 130.67
39 (aggravated sexual abuse in the second degree); paragraph (a) of subdi-
40 vision one of section 130.70 (aggravated sexual abuse in the first
41 degree); section 135.05 (unlawful imprisonment in the second degree);
42 section 135.10 (unlawful imprisonment in the first degree); section
43 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
44 the first degree); section 135.60 (coercion in the third degree);
45 section 135.61 (coercion in the second degree); section 135.65 (coercion
46 in the first degree); section 140.10 (criminal trespass in the third
47 degree); section 140.15 (criminal trespass in the second degree);
48 section 140.17 (criminal trespass in the first degree); section 140.20
49 (burglary in the third degree); section 140.25 (burglary in the second
50 degree); section 140.30 (burglary in the first degree); section 145.00
51 (criminal mischief in the fourth degree); section 145.05 (criminal
52 mischief in the third degree); section 145.10 (criminal mischief in the
53 second degree); section 145.12 (criminal mischief in the first degree);
54 section 150.05 (arson in the fourth degree); section 150.10 (arson in
55 the third degree); section 150.15 (arson in the second degree); section
56 150.20 (arson in the first degree); section 155.25 (petit larceny);
A. 8457--A 3
1 section 155.30 (grand larceny in the fourth degree); section 155.35
2 (grand larceny in the third degree); section 155.40 (grand larceny in
3 the second degree); section 155.42 (grand larceny in the first degree);
4 section 160.05 (robbery in the third degree); section 160.10 (robbery in
5 the second degree); section 160.15 (robbery in the first degree);
6 section 240.25 (harassment in the first degree); subdivision one, two or
7 four of section 240.30 (aggravated harassment in the second degree);
8 section 240.31 (aggravated harassment in the first degree); section
9 240.79 (aggravated threat of mass harm in the second degree); section
10 240.80 (aggravated threat of mass harm in the first degree); section
11 490.10 (soliciting or providing support for an act of terrorism in the
12 second degree); section 490.15 (soliciting or providing support for an
13 act of terrorism in the first degree); section 490.20 (making a terror-
14 istic threat); section 490.25 (crime of terrorism); section 490.30
15 (hindering prosecution of terrorism in the second degree); section
16 490.35 (hindering prosecution of terrorism in the first degree); section
17 490.37 (criminal possession of a chemical weapon or biological weapon in
18 the third degree); section 490.40 (criminal possession of a chemical
19 weapon or biological weapon in the second degree); section 490.45 (crim-
20 inal possession of a chemical weapon or biological weapon in the first
21 degree); section 490.47 (criminal use of a chemical weapon or biological
22 weapon in the third degree); section 490.50 (criminal use of a chemical
23 weapon or biological weapon in the second degree); section 490.55 (crim-
24 inal use of a chemical weapon or biological weapon in the first degree);
25 or any attempt or conspiracy to commit any of the foregoing offenses.
26 § 4. Subdivision 3 of section 485.05 of the penal law, as amended by
27 chapter 23 of the laws of 2024, is amended to read as follows:
28 3. A "specified offense" is an offense defined by any of the following
29 provisions of this chapter: section 120.00 (assault in the third
30 degree); section 120.05 (assault in the second degree); section 120.10
31 (assault in the first degree); section 120.12 (aggravated assault upon a
32 person less than eleven years old); section 120.13 (menacing in the
33 first degree); section 120.14 (menacing in the second degree); section
34 120.15 (menacing in the third degree); section 120.20 (reckless endan-
35 germent in the second degree); section 120.25 (reckless endangerment in
36 the first degree); section 121.12 (strangulation in the second degree);
37 section 121.13 (strangulation in the first degree); subdivision one of
38 section 125.15 (manslaughter in the second degree); subdivision one, two
39 or four of section 125.20 (manslaughter in the first degree); section
40 125.25 (murder in the second degree); section 120.45 (stalking in the
41 fourth degree); section 120.50 (stalking in the third degree); section
42 120.55 (stalking in the second degree); section 120.60 (stalking in the
43 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
44 vision two and paragraph (a) of subdivision three of section 130.35
45 (rape in the first degree); former subdivision one of section 130.35
46 (rape in the first degree); subdivision one of former section 130.50;
47 subdivision one of section 130.65 (sexual abuse in the first degree);
48 paragraph (a) of subdivision one of section 130.67 (aggravated sexual
49 abuse in the second degree); paragraph (a) of subdivision one of section
50 130.70 (aggravated sexual abuse in the first degree); section 135.05
51 (unlawful imprisonment in the second degree); section 135.10 (unlawful
52 imprisonment in the first degree); section 135.20 (kidnapping in the
53 second degree); section 135.25 (kidnapping in the first degree); section
54 135.60 (coercion in the third degree); section 135.61 (coercion in the
55 second degree); section 135.65 (coercion in the first degree); section
56 140.10 (criminal trespass in the third degree); section 140.15 (criminal
A. 8457--A 4
1 trespass in the second degree); section 140.17 (criminal trespass in the
2 first degree); section 140.20 (burglary in the third degree); section
3 140.25 (burglary in the second degree); section 140.30 (burglary in the
4 first degree); section 145.00 (criminal mischief in the fourth degree);
5 section 145.05 (criminal mischief in the third degree); section 145.10
6 (criminal mischief in the second degree); section 145.12 (criminal
7 mischief in the first degree); section 150.05 (arson in the fourth
8 degree); section 150.10 (arson in the third degree); section 150.15
9 (arson in the second degree); section 150.20 (arson in the first
10 degree); section 155.25 (petit larceny); section 155.30 (grand larceny
11 in the fourth degree); section 155.35 (grand larceny in the third
12 degree); section 155.40 (grand larceny in the second degree); section
13 155.42 (grand larceny in the first degree); section 160.05 (robbery in
14 the third degree); section 160.10 (robbery in the second degree);
15 section 160.15 (robbery in the first degree); section 240.25 (harassment
16 in the first degree); subdivision one, two or four of section 240.30
17 (aggravated harassment in the second degree); section 240.31 (aggravated
18 harassment in the first degree); section 240.79 (aggravated threat of
19 mass harm in the second degree); section 240.80 (aggravated threat of
20 mass harm in the first degree); section 490.10 (soliciting or providing
21 support for an act of terrorism in the second degree); section 490.15
22 (soliciting or providing support for an act of terrorism in the first
23 degree); section 490.20 (making a terroristic threat); section 490.25
24 (crime of terrorism); section 490.30 (hindering prosecution of terrorism
25 in the second degree); section 490.35 (hindering prosecution of terror-
26 ism in the first degree); section 490.37 (criminal possession of a chem-
27 ical weapon or biological weapon in the third degree); section 490.40
28 (criminal possession of a chemical weapon or biological weapon in the
29 second degree); section 490.45 (criminal possession of a chemical weapon
30 or biological weapon in the first degree); section 490.47 (criminal use
31 of a chemical weapon or biological weapon in the third degree); section
32 490.50 (criminal use of a chemical weapon or biological weapon in the
33 second degree); section 490.55 (criminal use of a chemical weapon or
34 biological weapon in the first degree); or any attempt or conspiracy to
35 commit any of the foregoing offenses.
36 § 5. Paragraph (a) of subdivision 1 of section 530.13 of the criminal
37 procedure law, as amended by chapter 794 of the laws of 1986, is amended
38 to read as follows:
39 (a) stay away from the home, school, business or place of employment
40 of the victims of, or designated witnesses to, the alleged offense, or
41 stay away from the places or events subject to threats of mass harm in
42 an alleged offense defined in section 240.78, 240.79, or 240.80 of the
43 penal law, as shall be specifically named by the court in such order;
44 § 6. Paragraph (a) of subdivision 4 of section 530.13 of the criminal
45 procedure law, as amended by chapter 610 of the laws of 1998, is amended
46 to read as follows:
47 (a) stay away from the home, school, business or place of employment
48 of the victim or victims, or of any witness designated by the court, of
49 such offense; or stay away from the places or events subject to
50 threats of mass harm in an alleged offense defined in section 240.78,
51 240.79, or 240.80 of the penal law, as shall be specifically named by
52 the court in such order;
53 § 7. This act shall take effect immediately; provided, however, that
54 section four of this act shall take effect on the same date and in the
55 same manner as section 66 of chapter 777 of the laws of 2023 takes
56 effect.
