Bill Text: NY A10540 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes that a person is guilty of arson when he damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-04 - referred to codes [A10540 Detail]

Download: New_York-2017-A10540-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10540
                   IN ASSEMBLY
                                       May 4, 2018
                                       ___________
        Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
          tee on Codes
        AN ACT to amend the penal law, in relation to the causation of a fire or
          explosion  during  the  course of committing or attempting to commit a
          controlled substance felony
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 150.05 of the penal law, as amended by chapter 225
     2  of the laws of 1979, is amended to read as follows:
     3  § 150.05 Arson in the fourth degree.
     4    1. A person is guilty of arson in the fourth degree when he:
     5    (a) recklessly damages a building or motor  vehicle  by  intentionally
     6  starting a fire or causing an explosion[.]; or
     7    (b) damages a building or motor vehicle by fire or by explosion in the
     8  course  of the commission or attempted commission of a felony as defined
     9  in article two hundred twenty of this chapter.
    10    2. In any prosecution under this section, it is an affirmative defense
    11  that no person other than the defendant had a possessory or  proprietary
    12  interest in the building or motor vehicle.
    13    Arson in the fourth degree is a class E felony.
    14    § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
    15  laws of 1979, is amended to read as follows:
    16  § 150.10 Arson in the third degree.
    17    1. A person is guilty of arson in the third degree when he:
    18    (a)  intentionally  damages  a building or motor vehicle by starting a
    19  fire or causing an explosion[.]; or
    20    (b) recklessly damages a building or  motor  vehicle  by  fire  or  by
    21  explosion  in  the course of the commission or attempted commission of a
    22  felony as defined in article two hundred twenty of this chapter.
    23    2. In any prosecution under this section, it is an affirmative defense
    24  that (a) no person other than the defendant had a possessory or proprie-
    25  tary interest in the building or motor vehicle, or if other persons  had
    26  such  interests,  all  of them consented to the defendant's conduct, and
    27  (b) the defendant's sole intent was to destroy or damage the building or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14078-04-8
        A. 10540                            2
     1  motor vehicle for a lawful and proper purpose, and (c) the defendant had
     2  no reasonable ground to believe that his conduct might endanger the life
     3  or safety of another person or damage another building or motor vehicle.
     4    Arson in the third degree is a class C felony.
     5    § 3. This act shall take effect immediately.