Makes the possession of an explosive substance the class D felony of criminal possession of a weapon in the third degree; increases the severity of unlawfully possessing noxious material from a class B misdemeanor to a class A misdemeanor; creates new class D felony of unlawfully possessing highly noxious material, which may cause permanent injury, severe disfigurement or death; creates class B felony of unlawful defilement of a water supply.
STATE OF NEW YORK
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6585
2009-2010 Regular Sessions
IN ASSEMBLY
March 6, 2009
___________
Introduced by M. of A. BURLING, TOWNSEND, FINCH, GIGLIO, WALKER, McKEV-
ITT, HAWLEY, BALL, TOBACCO -- Multi-Sponsored by -- M. of A. ALFANO,
BACALLES, BARCLAY, BARRA, BUTLER, CALHOUN, CONTE, CROUCH, DUPREY,
ERRIGO, KOLB, MAGEE, McDONOUGH, OAKS, RAIA, SAYWARD, SPANO, TEDISCO,
THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing criminal penal-
ties for crimes relating to terrorism
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding a new
2 subdivision 24 to read as follows:
3 24. "Explosive substance" means gunpowder, powders used for blasting,
4 high explosives, blasting materials, detonating fuses, detonators and
5 other detonating agents, smokeless powder, any chemical compound or any
6 mechanical mixture containing any oxidizing and combustible units, or
7 other ingredients in such proportions, quantities, or packing that
8 ignition by fire, friction, concussion, percussion or detonation, of any
9 part thereof, may and is intended to cause an explosion, or any
10 substance or chemical compound or combination of substances or chemical
11 compounds which when combined or when combined and detonated, may and is
12 intended to cause an explosion. An explosive substance shall not include
13 gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether,
14 benzol, diesel fuel, fertilizer, or any other petroleum or petrochemical
15 based product, when the possessor stores or maintains the same for
16 purposes of its normal and accepted use, and not with the intent to use
17 such substance or substances to cause or produce an explosion to the
18 injury of life, limb or property, or all quantities of black powder not
19 exceeding five pounds for use in firing antique firearms or artifacts or
20 replicas thereof, or fixed ammunition and primers for small arms, fire
21 crackers, safety fuses and matches when determined to be of such limited
22 quantity, of such nature and so packed that it is impossible to produce
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06363-01-9
A. 6585 2
1 an explosion of such units to the injury of life, limb or property, or
2 any explosive substance for which the possessor maintains a valid permit
3 or other express legal authorization to possess, own, maintain or store
4 the same.
5 § 2. Subdivision 2 of section 265.02 of the penal law, as amended by
6 chapter 764 of the laws of 2005, is amended to read as follows:
7 (2) Such person possesses any explosive substance, explosive or incen-
8 diary bomb, bombshell, firearm silencer, machine-gun or any other
9 firearm or weapon simulating a machine-gun and which is adaptable for
10 such use; or
11 § 3. Section 270.05 of the penal law, the section heading and the
12 closing paragraph as amended and subdivisions 5 and 6 as added by chap-
13 ter 354 of the laws of 1996, subdivision 1 as amended by chapter 452 of
14 the laws of 1969 and subdivision 4 as added by chapter 286 of the laws
15 of 1978, is amended to read as follows:
16 § 270.05 Unlawfully possessing or selling noxious material.
17 1. As used in this section, "noxious material" means any container
18 which contains any drug or other substance capable of generating offen-
19 sive, noxious or suffocating fumes, gases or vapors, [or capable of
20 immobilizing a person] which upon inhalation or exposure will cause the
21 immobilization or severe discomfort or sickness of a human being.
22 2. A person is guilty of unlawfully possessing noxious material when
23 he or she possesses such material under circumstances evincing an intent
24 to use it or to cause it to be used to inflict physical injury upon or
25 to cause annoyance to a person, or to damage property of another, or to
26 disturb the public peace.
27 3. Possession of noxious material is presumptive evidence of intent to
28 use it or cause it to be used in violation of this section.
29 4. Bank security devices not prohibited. Notwithstanding the
30 provisions of [subdivision] subdivisions one, two and three of this
31 section, it shall not be unlawful for any bank, national banking associ-
32 ation, trust company, savings bank, savings and loan association, indus-
33 trial bank, or credit union to store, possess, transport, use or cause
34 to discharge any bank security device as described in subdivision one of
35 section 270.00 of this [chapter] article; nor shall it be unlawful for
36 any manufacturer, wholesaler, dealer, jobber or common carrier to manu-
37 facture, store, possess, transport, or sell such a device to banks,
38 national banking associations, trust companies, savings banks, savings
39 and loan associations, industrial banks or credit unions.
40 5. Self-defense spray devices not prohibited. Notwithstanding the
41 provisions of subdivisions two and three of this section, it shall not
42 be unlawful for a person eighteen years of age or older to possess a
43 self-defense spray device as defined in paragraph fourteen of subdivi-
44 sion a of section 265.20 of this chapter in accordance with the
45 provisions set forth therein.
46 6. A person is guilty of unlawfully selling a noxious material when he
47 or she sells a self-defense spray device as defined in paragraph four-
48 teen of subdivision a of section 265.20 of this chapter and such sale
49 was not authorized in accordance with the provisions of paragraph
50 fifteen of subdivision a of section 265.20 of this chapter.
51 Unlawfully possessing or selling noxious material is a class [B] A
52 misdemeanor.
53 § 4. The penal law is amended by adding two new sections 270.06 and
54 270.07 to read as follows:
55 § 270.06 Unlawfully possessing highly noxious material.
A. 6585 3
1 1. As used in this section, "highly noxious material" means any
2 container which contains any drug or other substance capable of generat-
3 ing offensive, noxious or suffocating fumes, gases or vapors, which upon
4 inhalation or exposure causes the severe disfigurement, permanent injury
5 or death to a human being.
6 2. A person is guilty of unlawfully possessing highly noxious material
7 when he or she possesses such material under circumstances evincing an
8 intent to use it or to cause it to be used to inflict permanent physical
9 injury, severe disfigurement or death to a person, or to damage property
10 of another, or to disturb the public peace.
11 3. Possession of highly noxious material is presumptive evidence of
12 intent to use it or cause it to be used in violation of this section.
13 4. Bank security devices not prohibited. Notwithstanding the
14 provisions of subdivisions one, two and three of this section, it shall
15 not be unlawful for any bank, national banking association, trust compa-
16 ny, savings bank, savings and loan association, industrial bank, or
17 credit union to store, possess, transport, use or cause to discharge any
18 bank security device as described in subdivision one of section 270.00
19 of this article; nor shall it be unlawful for any manufacturer, whole-
20 saler, dealer, jobber or common carrier to manufacture, store, possess,
21 transport, or sell such a device to banks, national banking associ-
22 ations, trust companies, savings banks, savings and loan associations,
23 industrial banks or credit unions.
24 Unlawfully possessing highly noxious material is a class D felony.
25 § 270.07 Unlawful defilement of a water supply.
26 1. As used in this section:
27 (a) "Water supply" means any public or private transmission facility,
28 treatment facility, source of supply facility, well or reservoir, which
29 provides potable water for residential, commercial, industrial and/or
30 service needs.
31 (b) "Defiling agent" means any chemical, biological or radioactive
32 agent or substance, which is capable, when introduced or placed into a
33 water supply, of causing the sickness, physical injury, severe disfig-
34 urement or death of a human being, or causing irreparable harm to such
35 water supply, or causing a disturbance to the public peace. A defiling
36 agent shall not include a substance which is introduced or placed into a
37 water supply by any municipal or state entity, or which is introduced or
38 placed into a water supply by any agricultural or industrial entity as a
39 result of its ordinary lawful operations.
40 2. A person is guilty of unlawful defilement of a water supply when he
41 or she intentionally introduces, places, or causes to be introduced or
42 placed, into a water supply, a defiling agent with the intent to cause
43 the sickness, physical injury, severe disfigurement or death of another
44 human being, or with the reckless disregard of causing the sickness,
45 physical injury, severe disfigurement, or death of another human being,
46 or with the intent to cause irreparable harm to such water supply, or to
47 disturb the public peace.
48 Unlawful defilement of a water supply is a class B felony.
49 § 5. This act shall take effect on the first of November next succeed-
50 ing the date on which it shall have become a law.
