Bill Text: NY S05068 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S05068 Detail]

Download: New_York-2023-S05068-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5068

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
          relation  to  the  criminal  use  of  a dangerous instrument on school
          grounds during the commission of  a  felony;  and  to  repeal  certain
          provisions of the criminal procedure law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraphs (iii) and (iv) of paragraph (d)  of  subdivi-
     2  sion  5 of section 220.10 of the criminal procedure law are REPEALED and
     3  a new subparagraph (iii) is added to read as follows:
     4    (iii) Where the indictment charges  the  class  D  felony  offense  of
     5  assault  in  the  second  degree, pursuant to subdivision ten of section
     6  120.05 of the penal law, any plea to such  indictment  shall  include  a
     7  plea  of  guilty  to  such charge notwithstanding any other provision of
     8  law.
     9    § 2. Subdivision 13 of section 10.00 of the penal law, as  amended  by
    10  chapter 791 of the laws of 1967, is amended to read as follows:
    11    13. "Dangerous instrument" means any instrument, article or substance,
    12  including  a  "vehicle"  as  that term is defined in this section, or an
    13  umbrella customarily used to shield an individual from  climatic  condi-
    14  tions,  which, under the circumstances in which it is used, attempted to
    15  be used or threatened to be used, is readily capable of causing death or
    16  other serious physical injury.
    17    § 3. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07510-01-3