Bill Text: NY S04211 | 2023-2024 | General Assembly | Introduced
Bill Title: Enhances the penalties for crimes committed during a riot.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04211 Detail]
Download: New_York-2023-S04211-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4211 2023-2024 Regular Sessions IN SENATE February 6, 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 penal law and the criminal procedure law, in relation to crimes committed during a riot The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of section 240.06 of the penal law, 2 as amended by chapter 294 of the laws of 2005, is amended to read as 3 follows: 4 Riot in the first degree is a class [E] D felony. 5 § 2. The closing paragraph of section 240.05 of the penal law, as 6 amended by chapter 791 of the laws of 1967, is amended to read as 7 follows: 8 Riot in the second degree is a class [A misdemeanor] E felony. 9 § 3. The closing paragraph of section 240.08 of the penal law, as 10 added by chapter 791 of the laws of 1967, is amended to read as follows: 11 Inciting to riot is a class [A misdemeanor] E felony. 12 § 4. Subdivision 4 of section 140.30 of the penal law, as amended by 13 chapter 374 of the laws of 1973, is amended and a new subdivision 5 is 14 added to read as follows: 15 4. Displays what appears to be a pistol, revolver, rifle, shotgun, 16 machine gun or other firearm; except that in any prosecution under this 17 subdivision, it is an affirmative defense that such pistol, revolver, 18 rifle, shotgun, machine gun or other firearm was not a loaded weapon 19 from which a shot, readily capable of producing death or other serious 20 physical injury, could be discharged. Nothing contained in this subdivi- 21 sion shall constitute a defense to a prosecution for, or preclude a 22 conviction of, burglary in the second degree, burglary in the third 23 degree or any other crime[.]; or 24 5. Is simultaneously engaged in conduct that is an offense defined in 25 section 240.05, 240.06 or 240.08 of this part. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02026-01-3S. 4211 2 1 § 5. The opening paragraph of section 150.15 of the penal law, as 2 amended by chapter 225 of the laws of 1979, is amended to read as 3 follows: 4 A person is guilty of arson in the second degree when he or she inten- 5 tionally damages a building or motor vehicle by starting a fire, and 6 1. when (a) another person who is not a participant in the crime is 7 present in such building or motor vehicle at the time, and (b) the 8 defendant knows that fact or the circumstances are such as to render the 9 presence of such a person therein a reasonable possibility; or 10 2. such person is simultaneously engaged in conduct that is an offense 11 defined in section 240.05, 240.06 or 240.08 of this part. 12 § 6. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 13 criminal procedure law, paragraph (t) as amended and paragraph (u) as 14 added by section 2 of subpart B of part UU of chapter 56 of the laws of 15 2022, are amended and a new paragraph (v) is added to read as follows: 16 (t) any felony or class A misdemeanor involving harm to an identifi- 17 able person or property, or any charge of criminal possession of a 18 firearm as defined in section 265.01-b of the penal law, where such 19 charge arose from conduct occurring while the defendant was released on 20 his or her own recognizance, released under conditions, or had yet to be 21 arraigned after the issuance of a desk appearance ticket for a separate 22 felony or class A misdemeanor involving harm to an identifiable person 23 or property, or any charge of criminal possession of a firearm as 24 defined in section 265.01-b of the penal law, provided, however, that 25 the prosecutor must show reasonable cause to believe that the defendant 26 committed the instant crime and any underlying crime. For the purposes 27 of this subparagraph, any of the underlying crimes need not be a quali- 28 fying offense as defined in this subdivision. For the purposes of this 29 paragraph, "harm to an identifiable person or property" shall include 30 but not be limited to theft of or damage to property. However, based 31 upon a review of the facts alleged in the accusatory instrument, if the 32 court determines that such theft is negligible and does not appear to be 33 in furtherance of other criminal activity, the principal shall be 34 released on his or her own recognizance or under appropriate non-mone- 35 tary conditions; [or] 36 (u) criminal possession of a weapon in the third degree as defined in 37 subdivision three of section 265.02 of the penal law or criminal sale of 38 a firearm to a minor as defined in section 265.16 of the penal law[.]; 39 or 40 (v) riot in the second degree as defined in section 240.05 of the 41 penal law, riot in the first degree as defined in section 240.06 of the 42 penal law or inciting a riot as defined in section 240.08 of the penal 43 law. 44 § 7. This act shall take effect immediately.
