Bill Text: NY S01201 | 2009-2010 | General Assembly | Introduced

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Bill Title: Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive or hazardous substance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S01201 Detail]

Download: New_York-2009-S01201-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1201
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 27, 2009
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to  expanding  the  crime  of
         robbery  in  the  first and second degrees to include attempts of such
         crime with a device appearing to be a bomb or other explosive device
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section  160.15  of the penal law, as
    2  amended by chapter 374 of the laws of 1973, is amended and a new  subdi-
    3  vision 5 is added to read as follows:
    4    4.  Displays  what  appears  to be a pistol, revolver, rifle, shotgun,
    5  machine gun or other firearm; except that in any prosecution under  this
    6  subdivision,  it  is  an affirmative defense that such pistol, revolver,
    7  rifle, shotgun, machine gun or other firearm was  not  a  loaded  weapon
    8  from  which  a shot, readily capable of producing death or other serious
    9  physical injury, could be discharged. Nothing contained in this subdivi-
   10  sion shall constitute a defense to a  prosecution  for,  or  preclude  a
   11  conviction of, robbery in the second degree, robbery in the third degree
   12  or any other crime[.]; OR
   13    5. DISPLAYS OR THREATENS TO USE ANY DEVICE OR OBJECT THAT CONSTITUTES,
   14  APPEARS  TO  CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE OR IN
   15  PART,  A  BOMB,  DESTRUCTIVE  DEVICE,  OR  AN  EXPLOSIVE  OR   HAZARDOUS
   16  SUBSTANCE;  EXCEPT THAT IN ANY PROSECUTION UNDER THIS SUBDIVISION, IT IS
   17  AN AFFIRMATIVE DEFENSE THAT SUCH DEVICE OR OBJECT WHICH WAS DISPLAYED OR
   18  THREATENED, WAS NOT AN OPERATIVE BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE  OR
   19  HAZARDOUS SUBSTANCE. NOTHING CONTAINED IN THIS SUBDIVISION SHALL CONSTI-
   20  TUTE  A  DEFENSE  TO  A  PROSECUTION  FOR,  OR PRECLUDE A CONVICTION OF,
   21  ROBBERY IN THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE OR  ANY  OTHER
   22  CRIME.
   23    S  2.  Subdivision  2 of section 160.10 of the penal law is amended by
   24  adding a new paragraph (c) to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04963-01-9
       S. 1201                             2
    1    (C) DISPLAYS OR THREATENS TO USE ANY DEVICE  OR  OBJECT  THAT  CONSTI-
    2  TUTES,  APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE
    3  OR IN PART, A BOMB, DESTRUCTIVE DEVICE, OR  AN  EXPLOSIVE  OR  HAZARDOUS
    4  SUBSTANCE; OR
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing the date on which is shall have become a law.