STATE OF NEW YORK
________________________________________________________________________
5121
2021-2022 Regular Sessions
IN ASSEMBLY
February 11, 2021
___________
Introduced by M. of A. REILLY -- read once and referred 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 section 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 section 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 section 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.
LBD06953-01-1
A. 5121 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 intentionally
5 damages a building or motor vehicle by starting a fire, and
6 1. when (a) another person who is not a participant in the crime is
7 present in such building or motor vehicle at the time, and (b) the
8 defendant knows that fact or the circumstances are such as to render the
9 presence of such a person therein a reasonable possibility; or
10 2. such person is simultaneously engaged in conduct that is an offense
11 defined in section 240.05, 240.06 or 240.08 of this part.
12 § 6. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
13 criminal procedure law, as added by section 2 of part UU of chapter 56
14 of the laws of 2020, are amended and a new paragraph (u) is added to
15 read as follows:
16 (s) a felony, where the defendant qualifies for sentencing on such
17 charge as a persistent felony offender pursuant to section 70.10 of the
18 penal law; [or]
19 (t) any felony or class A misdemeanor involving harm to an identifi-
20 able person or property, where such charge arose from conduct occurring
21 while the defendant was released on his or her own recognizance or
22 released under conditions for a separate felony or class A misdemeanor
23 involving harm to an identifiable person or property, provided, however,
24 that the prosecutor must show reasonable cause to believe that the
25 defendant committed the instant crime and any underlying crime. For the
26 purposes of this subparagraph, any of the underlying crimes need not be
27 a qualifying offense as defined in this subdivision[.]; or
28 (u) riot in the second degree as defined in section 240.05 of the
29 penal law, riot in the first degree as defined in section 240.06 of the
30 penal law or inciting a riot as defined in section 240.08 of the penal
31 law.
32 § 7. This act shall take effect immediately.
