STATE OF NEW YORK
________________________________________________________________________
5911
2025-2026 Regular Sessions
IN SENATE
March 3, 2025
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to crimes committed during a riot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 240.06 of the penal law,
2 as amended by chapter 294 of the laws of 2005, is amended to read as
3 follows:
4 Riot in the first degree is a class [E] D felony.
5 § 2. The closing paragraph of section 240.05 of the penal law, as
6 amended by chapter 791 of the laws of 1967, is amended to read as
7 follows:
8 Riot in the second degree is a class [A misdemeanor] E felony.
9 § 3. The closing paragraph of section 240.08 of the penal law, as
10 added by chapter 791 of the laws of 1967, is amended to read as follows:
11 Inciting to riot is a class [A misdemeanor] E felony.
12 § 4. Subdivision 4 of section 140.30 of the penal law, as amended by
13 chapter 374 of the laws of 1973, is amended and a new subdivision 5 is
14 added to read as follows:
15 4. Displays what appears to be a pistol, revolver, rifle, shotgun,
16 machine gun or other firearm; except that in any prosecution under this
17 subdivision, it is an affirmative defense that such pistol, revolver,
18 rifle, shotgun, machine gun or other firearm was not a loaded weapon
19 from which a shot, readily capable of producing death or other serious
20 physical injury, could be discharged. Nothing contained in this subdivi-
21 sion shall constitute a defense to a prosecution for, or preclude a
22 conviction of, burglary in the second degree, burglary in the third
23 degree or any other crime[.]; or
24 5. Is simultaneously engaged in conduct that is an offense defined in
25 section 240.05, 240.06 or 240.08 of this part.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03371-01-5
S. 5911 2
1 § 5. The opening paragraph of section 150.15 of the penal law, as
2 amended by chapter 225 of the laws of 1979, is amended to read as
3 follows:
4 A person is guilty of arson in the second degree when [he] they inten-
5 tionally [damages] damage a building or motor vehicle by starting a
6 fire, and
7 1. when (a) another person who is not a participant in the crime is
8 present in such building or motor vehicle at the time, and (b) the
9 defendant knows that fact or the circumstances are such as to render the
10 presence of such a person therein a reasonable possibility; or
11 2. such person is simultaneously engaged in conduct that is an offense
12 defined in section 240.05, 240.06 or 240.08 of this part.
13 § 6. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
14 criminal procedure law, paragraph (t) as amended and paragraph (u) as
15 added by section 2 of subpart B of part UU of chapter 56 of the laws of
16 2022, are amended and a new paragraph (v) is added to read as follows:
17 (t) any felony or class A misdemeanor involving harm to an identifi-
18 able person or property, or any charge of criminal possession of a
19 firearm as defined in section 265.01-b of the penal law, where such
20 charge arose from conduct occurring while the defendant was released on
21 [his or her] their own recognizance, released under conditions, or had
22 yet to be arraigned after the issuance of a desk appearance ticket for a
23 separate felony or class A misdemeanor involving harm to an identifiable
24 person or property, or any charge of criminal possession of a firearm as
25 defined in section 265.01-b of the penal law, provided, however, that
26 the prosecutor must show reasonable cause to believe that the defendant
27 committed the instant crime and any underlying crime. For the purposes
28 of this subparagraph, any of the underlying crimes need not be a quali-
29 fying offense as defined in this subdivision. For the purposes of this
30 paragraph, "harm to an identifiable person or property" shall include
31 but not be limited to theft of or damage to property. However, based
32 upon a review of the facts alleged in the accusatory instrument, if the
33 court determines that such theft is negligible and does not appear to be
34 in furtherance of other criminal activity, the principal shall be
35 released on [his or her] their own recognizance or under appropriate
36 non-monetary conditions; [or]
37 (u) criminal possession of a weapon in the third degree as defined in
38 subdivision three of section 265.02 of the penal law or criminal sale of
39 a firearm to a minor as defined in section 265.16 of the penal law[.];
40 or
41 (v) riot in the second degree as defined in section 240.05 of the
42 penal law, riot in the first degree as defined in section 240.06 of the
43 penal law or inciting a riot as defined in section 240.08 of the penal
44 law.
45 § 7. This act shall take effect immediately.
