STATE OF NEW YORK
________________________________________________________________________
4159
2013-2014 Regular Sessions
IN SENATE
March 12, 2013
___________
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 criminal procedure law and the penal law, in
relation to the criminal use of a dangerous instrument on school
grounds during the commission of a felony
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 5 of section 220.10 of the
2 criminal procedure law is amended by adding a new subparagraph (v) to
3 read as follows:
4 (v) Where the indictment charges the class D felony offense of assault
5 in the second degree, pursuant to subdivision ten of section 120.05 of
6 the penal law, any plea to such indictment shall include a plea of guil-
7 ty to such charge notwithstanding any other provision of law.
8 § 2. Subdivision 13 of section 10.00 of the penal law, as amended by
9 chapter 791 of the laws of 1967, is amended to read as follows:
10 13. "Dangerous instrument" means any instrument, article or substance,
11 including a "vehicle" as that term is defined in this section, or an
12 umbrella customarily used to shield an individual from climatic condi-
13 tions, which, under the circumstances in which it is used, attempted to
14 be used or threatened to be used, is readily capable of causing death or
15 other serious physical injury.
16 § 3. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05597-01-3
