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S00089 Summary:

S00089 Actions:

S00089 Committee Votes:

S00089 Floor Votes:

S00089 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          89--B
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the penal law, in relation to establishing the crimes of
          making a threat of mass harm and aggravated threat of mass harm
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The penal law is amended by adding two new sections 240.78
     2  and 240.79 to read as follows:
     3  § 240.78 Making a threat of mass harm.
     4     1.  A person is guilty of making a threat of mass harm when with  the
     5  intent  to  intimidate a group of people or to create public alarm, such
     6  person threatens to inflict or cause to be inflicted,  serious  physical
     7  injury  or  death  at  a school, place of worship, business,  government
     8  building,  or other place of assembly, and thereby causes  a  reasonable
     9  expectation or fear of  serious physical injury or death, or causes  the
    10  evacuation  or lockdown of a school, place of worship, business, govern-
    11  ment building, or other place of assembly.
    12    2. It shall be no defense to a prosecution pursuant  to  this  section
    13  that  the  defendant did not have the intent or capability of committing
    14  the conduct threatened.
    15    Making a threat of mass harm is a class B misdemeanor.
    16  § 240.79 Aggravated threat of mass harm.
    17     1. A person is guilty of aggravated threat of  mass  harm  when  such
    18  person  engages  in conduct as defined in section 240.78 of this article
    19  and has made any overt act in furtherance  of  the  commission  of  such
    20  crime.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00980-05-2
        S. 89--B                            2
 
     1    2.  For  purposes  of  this section, an overt act may include making a
     2  plan to carry out such threat, compiling a list of  targets,  possession
     3  of  any  weapon  or device that can be used to carry out such threat, or
     4  other preparatory action.
     5    Aggravated threat of mass harm is a class A misdemeanor.
     6    § 2. This act shall take effect immediately.