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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1092
SPONSOR: Magnarelli TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To close loopholes in the criminal statutes for those who make threats
of violence against public events and allow orders of protection to be
issued in these. circumstances.
SUMMARY OF PROVISIONS:
Section 1: Renumbers § 240.79 of the Penal Law to 240.80 and renames the
section "Aggravated threat of mass harm in the first degree". It also
incorporates the new § 240.79.
Section 2: Adds new § 240.79 creating the crime of "Aggravated threat of
mass harm in the second degree".
1. A person is guilty of aggravated threat of mass harm in the second
degree when such person engages in conduct as defined in section 240.78
of this article and the threat is made because of a belief or perception
regarding the group's race, color, national origin, ancestry, gender,
gender identity or expression, religion, religious practice, age disa-
bility or sexual orientation, regardless of whether the belief or
perception is correct.
2. Proof of race, color, national origin, ancestry, gender, gender iden-
tity or expression, religion, religious practice, age disability or
sexual orientation of the defendant, the victim or of both the defendant
and the victim does not, by itself, constitute legally sufficient
evidence satisfying the people's burden under subdivision one of this
section.
3. For purposes of this section, the terms "age", "disability" and
"gender identity or expression" shall be afforded the meaning of those
terms in section 485.05
4) of this chapter.
Aggravated threat of mass harm in the second degree is a class A misde-
meanor.
Section 3: Amends subdivision 3 of section 485.05 of the penal law as
amended by section 3 of part R of chapter 55 of the laws of 2020, to
make the following "specified offenses" eligible for hate crime prose-
cution:
Aggravated harassment in the first degree, Aggravated making a threat of
mass harm in the second degree and Aggravated making a threat•of mass
harm in the first degree.
Section 4: Amends subdivision 3 of section 485.05 of the penal law as
amended by chapter 23 of the laws of 2024, to make the following "speci-
fied offenses" eligible for hate crime prosecution: Aggravated harass-
ment in the first degree, Aggravated making a threat of mass harm in the
second degree and Aggravated making a threat of mass harm in the first
degree.
Section 5: Amends Paragraph(a)of subdivision 1 of section 530.13 of the
Criminal Procedure Law to allow a court to issue an "order of
protection" related to places or events in a case involving a threat to
a public place or event.
Section 6: Amends Paragraph (a) of subdivision 4 of section 530.13 of
the Criminal Procedure Law to allow a court to issue an "order of
protection" related to places or events in a case involving a threat to
a public place or event.
Section 7: Establishes the effective date.
JUSTIFICATION:
New York has extensive laws to prosecute those who make threats of
violence against persons and places. However, a recent event in Syra-
cuse, NY shows there are still loopholes. In May 2023, a disgruntled
employee at the Destiny USA mall in Syracuse made verbal threats to a
group of co-workers threatening to "shoot up" the mall and the Syracuse
Pride Parade taking place there. Despite these threats, prosecutors were
unable to charge the individual with a felony charge because the threats
were only stated to a small group of co-workers. Additionally, the court
was unable to issue an order of protection for this individual to stay
away from the upcoming Pride Parade because it was a public event, and
he had no conviction on record.
This legislation was drafted in consultation with the Onondaga County
District Attorney's Office to close these loopholes. It establishes a
new felony offense of "Aggravated threat of mass harm in the first
degree", an E-felony. It creates a new corresponding charge of "Aggra-
vated threat of mass harm in the second degree", a misdemeanor. The
bill adds these new charges to the list of charges that can be consid-
ered "hate crimes". Finally, it amends the law regarding "orders of
protection" to allow a court to bar an individual from places and/or
events where appropriate related to these charges.
LEGISLATIVE HISTORY:
2023-2024: A.8457-A
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
