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A05121 Summary:

BILL NOA05121
 
SAME ASSAME AS S04989
 
SPONSORReilly
 
COSPNSRBlankenbush
 
MLTSPNSR
 
Amd §§240.06, 240.05, 240.08, 140.30 & 150.15, Pen L; amd §510.10, CP L
 
Enhances the penalties for crimes committed during a riot.
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A05121 Actions:

BILL NOA05121
 
02/11/2021referred to codes
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A05121 Text:



 
                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.
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