Bill Text: NY A07179 | 2019-2020 | 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 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07179 Detail]

Download: New_York-2019-A07179-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7179
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 10, 2019
                                       ___________
        Introduced  by M. of A. BUTTENSCHON, COLTON, D'URSO, SAYEGH -- read once
          and referred to the Committee 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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09560-01-9
        A. 7179                             2
     1  tary  interest in the building or motor vehicle, or if other persons had
     2  such interests, all of them consented to the  defendant's  conduct,  and
     3  (b) the defendant's sole intent was to destroy or damage the building or
     4  motor vehicle for a lawful and proper purpose, and (c) the defendant had
     5  no reasonable ground to believe that his conduct might endanger the life
     6  or safety of another person or damage another building or motor vehicle.
     7    Arson in the third degree is a class C felony.
     8    § 3. This act shall take effect immediately.