Bill Text: NY A08283 | 2023-2024 | General Assembly | Introduced
Bill Title: Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.
Spectrum: Partisan Bill (Republican 41-1)
Status: (Introduced) 2024-04-09 - held for consideration in codes [A08283 Detail]
Download: New_York-2023-A08283-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8283 2023-2024 Regular Sessions IN ASSEMBLY November 27, 2023 ___________ Introduced by M. of A. BARCLAY, REILLY, JENSEN, E. BROWN, SIMPSON, NORRIS, GANDOLFO, MANKTELOW, MILLER, GALLAHAN, BLUMENCRANZ, PALMESANO, K. BROWN, GRAY, DURSO, PIROZZOLO, SLATER, BENDETT, NOVAKHOV, LEMONDES, HAWLEY, DeSTEFANO, ANGELINO, TAGUE, BRABENEC, GOODELL, MORINELLO, J. M. GIGLIO, WALSH, SMULLEN, BEEPHAN, BLANKENBUSH, BROOK-KRASNY, McDONOUGH, MIKULIN, SMITH, BYRNES, RA, MAHER, CHANG, J. A. GIGLIO -- Multi-Sponsored by -- M. of A. FRIEND -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the penal law, in relation to including certain offenses in being eligible for bail, making certain offenses eligible to be considered hate crimes, and increasing the penalties for certain offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (g), (m), (t), and (u) of subdivision 4 of 2 section 510.10 of the criminal procedure law, paragraph (g) as amended 3 and paragraph (m) as added by section 2 of part UU of chapter 56 of the 4 laws of 2020 and paragraph (t) as amended and paragraph (u) as added by 5 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are 6 amended and a new paragraph (v) is added to read as follows: 7 (g) money laundering in support of terrorism in the first degree as 8 defined in section 470.24 of the penal law; money laundering in support 9 of terrorism in the second degree as defined in section 470.23 of the 10 penal law; money laundering in support of terrorism in the third degree 11 as defined in section 470.22 of the penal law; money laundering in 12 support of terrorism in the fourth degree as defined in section 470.21 13 of the penal law; [or] a felony crime of terrorism as defined in article 14 four hundred ninety of the penal law[, other than the crime defined in15section 490.20 of such law]; aggravated threat of mass harm as defined 16 in section 240.79 of the penal law; or making a threat of mass harm as 17 defined in section 240.78 of the penal law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13568-01-3A. 8283 2 1 (m) assault in the third degree as defined in section 120.00 of the 2 penal law [or]; arson in the third degree as defined in section 150.10 3 of the penal law[,]; aggravated harassment in the second degree as 4 defined in section 240.30; harassment in the first degree as defined in 5 section 240.25; menacing in the third degree as defined in section 6 120.15; menacing in the second degree as defined in section 120.14; or 7 menacing in the first degree as defined in section 120.13, when any such 8 crime is charged as a hate crime as defined in section 485.05 of the 9 penal law; 10 (t) any felony or class A misdemeanor involving harm to an identifi- 11 able person or property, or any charge of criminal possession of a 12 firearm as defined in section 265.01-b of the penal law, where such 13 charge arose from conduct occurring while the defendant was released on 14 his or her own recognizance, released under conditions, or had yet to be 15 arraigned after the issuance of a desk appearance ticket for a separate 16 felony or class A misdemeanor involving harm to an identifiable person 17 or property, or any charge of criminal possession of a firearm as 18 defined in section 265.01-b of the penal law, provided, however, that 19 the prosecutor must show reasonable cause to believe that the defendant 20 committed the instant crime and any underlying crime. For the purposes 21 of this subparagraph, any of the underlying crimes need not be a quali- 22 fying offense as defined in this subdivision. For the purposes of this 23 paragraph, "harm to an identifiable person or property" shall include 24 but not be limited to theft of or damage to property. However, based 25 upon a review of the facts alleged in the accusatory instrument, if the 26 court determines that such theft is negligible and does not appear to be 27 in furtherance of other criminal activity, the principal shall be 28 released on his or her own recognizance or under appropriate non-mone- 29 tary conditions; [or] 30 (u) criminal possession of a weapon in the third degree as defined in 31 subdivision three of section 265.02 of the penal law or criminal sale of 32 a firearm to a minor as defined in section 265.16 of the penal law[.]; 33 or 34 (v) aggravated harassment in the first degree as defined in section 35 240.31 of the penal law. 36 § 2. Subparagraphs (vii), (xiii), (xx), and (xxi) of paragraph (b) of 37 subdivision 1 of section 530.20 of the criminal procedure law, subpara- 38 graphs (vii) and (xiii) as amended by section 3 of part UU of chapter 56 39 of the laws of 2020 and subparagraph (xx) as amended and subparagraph 40 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the 41 laws of 2022, are amended and a new subparagraph (xxii) is added to read 42 as follows: 43 (vii) money laundering in support of terrorism in the first degree as 44 defined in section 470.24 of the penal law; money laundering in support 45 of terrorism in the second degree as defined in section 470.23 of the 46 penal law; money laundering in support of terrorism in the third degree 47 as defined in section 470.22 of the penal law; money laundering in 48 support of terrorism in the fourth degree as defined in section 470.21 49 of the penal law; [or] a felony crime of terrorism as defined in article 50 four hundred ninety of the penal law[, other than the crime defined in51section 490.20 of such law]; aggravated threat of mass harm as defined 52 in section 240.79 of the penal law; or making a threat of mass harm as 53 defined in section 240.78 of the penal law; 54 (xiii) assault in the third degree as defined in section 120.00 of the 55 penal law [or]; arson in the third degree as defined in section 150.10 56 of the penal law; aggravated harassment in the second degree as definedA. 8283 3 1 in section 240.30; harassment in the first degree as defined in section 2 240.25; menacing in the third degree as defined in section 120.15; 3 menacing in the second degree as defined in section 120.14; or menacing 4 in the first degree as defined in section 120.13, when any such crime is 5 charged as a hate crime as defined in section 485.05 of the penal law; 6 (xx) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law where such 9 charge arose from conduct occurring while the defendant was released on 10 his or her own recognizance, released under conditions, or had yet to be 11 arraigned after the issuance of a desk appearance ticket for a separate 12 felony or class A misdemeanor involving harm to an identifiable person 13 or property, provided, however, that the prosecutor must show reasonable 14 cause to believe that the defendant committed the instant crime and any 15 underlying crime. For the purposes of this subparagraph, any of the 16 underlying crimes need not be a qualifying offense as defined in this 17 subdivision. For the purposes of this paragraph, "harm to an identifi- 18 able person or property" shall include but not be limited to theft of or 19 damage to property. However, based upon a review of the facts alleged in 20 the accusatory instrument, if the court determines that such theft is 21 negligible and does not appear to be in furtherance of other criminal 22 activity, the principal shall be released on his or her own recognizance 23 or under appropriate non-monetary conditions; [or] 24 (xxi) criminal possession of a weapon in the third degree as defined 25 in subdivision three of section 265.02 of the penal law or criminal sale 26 of a firearm to a minor as defined in section 265.16 of the penal 27 law[.]; or 28 (xxii) aggravated harassment in the first degree as defined in section 29 240.31 of the penal law. 30 § 3. Paragraphs (g), (m), (t), and (u) of subdivision 4 of section 31 530.40 of the criminal procedure law, paragraph (g) as amended and para- 32 graph (m) as added by section 4 of part UU of chapter 56 of the laws of 33 2020 and paragraph (t) as amended and paragraph (u) as added by section 34 4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended 35 and a new paragraph (v) is added to read as follows: 36 (g) money laundering in support of terrorism in the first degree as 37 defined in section 470.24 of the penal law; money laundering in support 38 of terrorism in the second degree as defined in section 470.23 of the 39 penal law; money laundering in support of terrorism in the third degree 40 as defined in section 470.22 of the penal law; money laundering in 41 support of terrorism in the fourth degree as defined in section 470.21 42 of the penal law; [or] a felony crime of terrorism as defined in article 43 four hundred ninety of the penal law[, other than the crime defined in44section 490.20 of such law]; aggravated threat of mass harm as defined 45 in section 240.79 of the penal law; or making a threat of mass harm as 46 defined in section 240.78 of the penal law; 47 (m) assault in the third degree as defined in section 120.00 of the 48 penal law or arson in the third degree as defined in section 150.10 of 49 the penal law; aggravated harassment in the second degree as defined in 50 section 240.30; harassment in the first degree as defined in section 51 240.25; menacing in the third degree as defined in section 120.15; 52 menacing in the second degree as defined in section 120.14; or menacing 53 in the first degree as defined in section 120.13, when any such crime is 54 charged as a hate crime as defined in section 485.05 of the penal law; 55 (t) any felony or class A misdemeanor involving harm to an identifi- 56 able person or property, or any charge of criminal possession of aA. 8283 4 1 firearm as defined in section 265.01-b of the penal law, where such 2 charge arose from conduct occurring while the defendant was released on 3 his or her own recognizance, released under conditions, or had yet to be 4 arraigned after the issuance of a desk appearance ticket for a separate 5 felony or class A misdemeanor involving harm to an identifiable person 6 or property, or any charge of criminal possession of a firearm as 7 defined in section 265.01-b of the penal law, provided, however, that 8 the prosecutor must show reasonable cause to believe that the defendant 9 committed the instant crime and any underlying crime. For the purposes 10 of this subparagraph, any of the underlying crimes need not be a quali- 11 fying offense as defined in this subdivision. For the purposes of this 12 paragraph, "harm to an identifiable person or property" shall include 13 but not be limited to theft of or damage to property. However, based 14 upon a review of the facts alleged in the accusatory instrument, if the 15 court determines that such theft is negligible and does not appear to be 16 in furtherance of other criminal activity, the principal shall be 17 released on his or her own recognizance or under appropriate non-mone- 18 tary conditions; [or] 19 (u) criminal possession of a weapon in the third degree as defined in 20 subdivision three of section 265.02 of the penal law or criminal sale of 21 a firearm to a minor as defined in section 265.16 of the penal law[.]; 22 or 23 (v) aggravated harassment in the first degree as defined in section 24 240.31 of the penal law. 25 § 4. Subparagraph (xi) of paragraph (b) of subdivision 1 of section 26 150.20 of the criminal procedure law, as added by section 1 of subpart B 27 of part UU of chapter 56 of the laws of 2022, is amended to read as 28 follows: 29 (xi) the offense is a qualifying offense pursuant to paragraph (g) or 30 (t) of subdivision four of section 510.10 of this chapter, or pursuant 31 to paragraph (g) or (t) of subdivision four of section 530.40 of this 32 chapter. 33 § 5. Subdivision 3 of section 485.05 of the penal law, as amended by 34 section 3 of part R of chapter 55 of the laws of 2020, is amended to 35 read as follows: 36 3. A "specified offense" is an offense defined by any of the following 37 provisions of this chapter: section 120.00 (assault in the third 38 degree); section 120.05 (assault in the second degree); section 120.10 39 (assault in the first degree); section 120.12 (aggravated assault upon a 40 person less than eleven years old); section 120.13 (menacing in the 41 first degree); section 120.14 (menacing in the second degree); section 42 120.15 (menacing in the third degree); section 120.20 (reckless endan- 43 germent in the second degree); section 120.25 (reckless endangerment in 44 the first degree); section 121.12 (strangulation in the second degree); 45 section 121.13 (strangulation in the first degree); subdivision one of 46 section 125.15 (manslaughter in the second degree); subdivision one, two 47 or four of section 125.20 (manslaughter in the first degree); section 48 125.25 (murder in the second degree); section 120.45 (stalking in the 49 fourth degree); section 120.50 (stalking in the third degree); section 50 120.55 (stalking in the second degree); section 120.60 (stalking in the 51 first degree); subdivision one of section 130.35 (rape in the first 52 degree); subdivision one of section 130.50 (criminal sexual act in the 53 first degree); subdivision one of section 130.65 (sexual abuse in the 54 first degree); paragraph (a) of subdivision one of section 130.67 55 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 56 vision one of section 130.70 (aggravated sexual abuse in the firstA. 8283 5 1 degree); section 135.05 (unlawful imprisonment in the second degree); 2 section 135.10 (unlawful imprisonment in the first degree); section 3 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 4 the first degree); section 135.60 (coercion in the third degree); 5 section 135.61 (coercion in the second degree); section 135.65 (coercion 6 in the first degree); section 140.10 (criminal trespass in the third 7 degree); section 140.15 (criminal trespass in the second degree); 8 section 140.17 (criminal trespass in the first degree); section 140.20 9 (burglary in the third degree); section 140.25 (burglary in the second 10 degree); section 140.30 (burglary in the first degree); section 145.00 11 (criminal mischief in the fourth degree); section 145.05 (criminal 12 mischief in the third degree); section 145.10 (criminal mischief in the 13 second degree); section 145.12 (criminal mischief in the first degree); 14 section 150.05 (arson in the fourth degree); section 150.10 (arson in 15 the third degree); section 150.15 (arson in the second degree); section 16 150.20 (arson in the first degree); section 155.25 (petit larceny); 17 section 155.30 (grand larceny in the fourth degree); section 155.35 18 (grand larceny in the third degree); section 155.40 (grand larceny in 19 the second degree); section 155.42 (grand larceny in the first degree); 20 section 160.05 (robbery in the third degree); section 160.10 (robbery in 21 the second degree); section 160.15 (robbery in the first degree); 22 section 240.25 (harassment in the first degree); subdivision one, two or 23 four of section 240.30 (aggravated harassment in the second degree); 24 section 490.10 (soliciting or providing support for an act of terrorism 25 in the second degree); section 490.15 (soliciting or providing support 26 for an act of terrorism in the first degree); section 490.20 (making a 27 terroristic threat); section 490.25 (crime of terrorism); section 490.30 28 (hindering prosecution of terrorism in the second degree); section 29 490.35 (hindering prosecution of terrorism in the first degree); section 30 490.37 (criminal possession of a chemical weapon or biological weapon in 31 the third degree); section 490.40 (criminal possession of a chemical 32 weapon or biological weapon in the second degree); section 490.45 (crim- 33 inal possession of a chemical weapon or biological weapon in the first 34 degree); section 490.47 (criminal use of a chemical weapon or biological 35 weapon in the third degree); section 490.50 (criminal use of a chemical 36 weapon or biological weapon in the second degree); section 490.55 (crim- 37 inal use of a chemical weapon or biological weapon in the first degree); 38 section 240.78 (making a threat of mass harm); section 240.79 (aggra- 39 vated threat of mass harm); or any attempt or conspiracy to commit any 40 of the foregoing offenses. 41 § 6. The closing paragraph of section 240.78 of the penal law, as 42 added by chapter 206 of the laws of 2022, is amended to read as follows: 43 Making a threat of mass harm is a class [B] A misdemeanor. 44 § 7. The closing paragraph of section 240.79 of the penal law, as 45 added by chapter 206 of the laws of 2022, is amended to read as follows: 46 Aggravated threat of mass harm is a class [A misdemeanor] E felony. 47 § 8. This act shall take effect on the thirtieth day after it shall 48 have become a law.
