Bill Text: NY S00086 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S00086 Detail]

Download: New_York-2019-S00086-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           86
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sens. KAMINSKY, BROOKS -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Veterans,  Home-
          land Security and Military Affairs
        AN ACT to amend the penal law, in relation to establishing the crimes of
          making a threat of mass harm and aggravated threat of mass harm
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding two new sections  490.07
     2  and 490.08 to read as follows:
     3  § 490.07 Making a threat of mass harm.
     4    A  person  is  guilty  of  making a threat of mass harm when he or she
     5  communicates by any means a threat to inflict, or a threat to  cause  to
     6  be  inflicted,  physical  injury or death at a school, place of worship,
     7  business, government building, or other place of  assembly  such  threat
     8  causes  a  reasonable  expectation  or fear of physical harm or death or
     9  causes the evacuation or lockdown of a school, place of  worship,  busi-
    10  ness, government building, or other place of assembly.
    11  It is no defense to a prosecution for making a threat of mass harm that:
    12    1.  the  defendant did not have the intent or capability of committing
    13  the threatened act; or
    14    2. the threat was not made to a person who  was  the  subject  of  the
    15  threat.
    16    Making a threat of mass harm is a class A misdemeanor.
    17  § 490.08 Aggravated threat of mass harm.
    18    A  person  is  guilty of aggravated threat of mass harm when he or she
    19  engages in conduct as defined in section 490.07 of this article and  has
    20  made any overt act in  furtherance of the commission of such crime.
    21    For  purposes  of this section, an overt act may include making a plan
    22  to carry out such threat, compiling a list of targets, possession of any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03458-01-9
        S. 86                               2
     1  weapon or device that can be used to carry out  such  threat,  or  other
     2  preparatory action.
     3    Aggravated threat of mass harm is a class E felony.
     4    § 2. This act shall take effect immediately.