Text of NY A 8457 (2024)

STATE OF NEW YORK ________________________________________________________________________ 8457 2023-2024 Regular Sessions IN ASSEMBLY December 29, 2023 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to establishing the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree, and making such crimes hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 240.79 of the penal law, as added by chapter 206 of 2 the laws of 2022, is renumbered 240.80 and is amended to read as 3 follows: 4 § 240.80 Aggravated threat of mass harm in the first degree. 5 1. A person is guilty of aggravated threat of mass harm in the first 6 degree when such person engages in conduct as defined in section 240.78 7 or 240.79 of this article and has made any overt act in furtherance of 8 the commission of such crime. 9 2. For purposes of this section, an overt act may include making a 10 plan to carry out such threat, compiling a list of targets, possession 11 of any weapon or device that can be used to carry out such threat, or 12 other preparatory action. 13 Aggravated threat of mass harm in the first degree is a class [A 14 misdemeanor] E felony. 15 § 2. The penal law is amended by adding a new section 240.79 to read 16 as follows: 17 § 240.79 Aggravated threat of mass harm in the second degree. 18 1. A person is guilty of aggravated threat of mass harm in the second 19 degree when such person engages in conduct as defined in section 240.78 20 of this article and the threat is made because of a belief or perception 21 regarding the group's race, color, national origin, ancestry, gender, 22 gender identity or expression, religion, religious practice, age disa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13757-02-3 A. 8457 2 1 bility or sexual orientation, regardless of whether the belief or 2 perception is correct. 3 2. Proof of race, color, national origin, ancestry, gender, gender 4 identity or expression, religion, religious practice, age disability or 5 sexual orientation of the defendant, the victim or of both the defendant 6 and the victim does not, by itself, constitute legally sufficient 7 evidence satisfying the people's burden under subdivision one of this 8 section. 9 3. For purposes of this section, the terms "age", "disability" and 10 "gender identity or expression" shall be afforded the meaning of those 11 terms as described in subdivision four of section 485.05 of this chap- 12 ter. 13 Aggravated threat of mass harm in the second degree is a class A 14 misdemeanor. 15 § 3. Subdivision 3 of section 485.05 of the penal law, as amended by 16 section 3 of part R of chapter 55 of the laws of 2020, is amended to 17 read as follows: 18 3. A "specified offense" is an offense defined by any of the following 19 provisions of this chapter: section 120.00 (assault in the third 20 degree); section 120.05 (assault in the second degree); section 120.10 21 (assault in the first degree); section 120.12 (aggravated assault upon a 22 person less than eleven years old); section 120.13 (menacing in the 23 first degree); section 120.14 (menacing in the second degree); section 24 120.15 (menacing in the third degree); section 120.20 (reckless endan- 25 germent in the second degree); section 120.25 (reckless endangerment in 26 the first degree); section 121.12 (strangulation in the second degree); 27 section 121.13 (strangulation in the first degree); subdivision one of 28 section 125.15 (manslaughter in the second degree); subdivision one, two 29 or four of section 125.20 (manslaughter in the first degree); section 30 125.25 (murder in the second degree); section 120.45 (stalking in the 31 fourth degree); section 120.50 (stalking in the third degree); section 32 120.55 (stalking in the second degree); section 120.60 (stalking in the 33 first degree); subdivision one of section 130.35 (rape in the first 34 degree); subdivision one of section 130.50 (criminal sexual act in the 35 first degree); subdivision one of section 130.65 (sexual abuse in the 36 first degree); paragraph (a) of subdivision one of section 130.67 37 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 38 vision one of section 130.70 (aggravated sexual abuse in the first 39 degree); section 135.05 (unlawful imprisonment in the second degree); 40 section 135.10 (unlawful imprisonment in the first degree); section 41 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 42 the first degree); section 135.60 (coercion in the third degree); 43 section 135.61 (coercion in the second degree); section 135.65 (coercion 44 in the first degree); section 140.10 (criminal trespass in the third 45 degree); section 140.15 (criminal trespass in the second degree); 46 section 140.17 (criminal trespass in the first degree); section 140.20 47 (burglary in the third degree); section 140.25 (burglary in the second 48 degree); section 140.30 (burglary in the first degree); section 145.00 49 (criminal mischief in the fourth degree); section 145.05 (criminal 50 mischief in the third degree); section 145.10 (criminal mischief in the 51 second degree); section 145.12 (criminal mischief in the first degree); 52 section 150.05 (arson in the fourth degree); section 150.10 (arson in 53 the third degree); section 150.15 (arson in the second degree); section 54 150.20 (arson in the first degree); section 155.25 (petit larceny); 55 section 155.30 (grand larceny in the fourth degree); section 155.35 56 (grand larceny in the third degree); section 155.40 (grand larceny in A. 8457 3 1 the second degree); section 155.42 (grand larceny in the first degree); 2 section 160.05 (robbery in the third degree); section 160.10 (robbery in 3 the second degree); section 160.15 (robbery in the first degree); 4 section 240.25 (harassment in the first degree); subdivision one, two or 5 four of section 240.30 (aggravated harassment in the second degree); 6 section 240.31 (aggravated harassment in the first degree); section 7 240.79 (aggravated threat of mass harm in the second degree); section 8 240.80 (aggravated threat of mass harm in the first degree); section 9 490.10 (soliciting or providing support for an act of terrorism in the 10 second degree); section 490.15 (soliciting or providing support for an 11 act of terrorism in the first degree); section 490.20 (making a terror- 12 istic threat); section 490.25 (crime of terrorism); section 490.30 13 (hindering prosecution of terrorism in the second degree); section 14 490.35 (hindering prosecution of terrorism in the first degree); section 15 490.37 (criminal possession of a chemical weapon or biological weapon in 16 the third degree); section 490.40 (criminal possession of a chemical 17 weapon or biological weapon in the second degree); section 490.45 (crim- 18 inal possession of a chemical weapon or biological weapon in the first 19 degree); section 490.47 (criminal use of a chemical weapon or biological 20 weapon in the third degree); section 490.50 (criminal use of a chemical 21 weapon or biological weapon in the second degree); section 490.55 (crim- 22 inal use of a chemical weapon or biological weapon in the first degree); 23 or any attempt or conspiracy to commit any of the foregoing offenses. 24 § 4. Paragraph (a) of subdivision 1 of section 530.13 of the criminal 25 procedure law, as amended by chapter 794 of the laws of 1986, is amended 26 to read as follows: 27 (a) stay away from the home, school, business or place of employment 28 of the victims of, or designated witnesses to, the alleged offense, or 29 stay away from the places or events subject to threats of mass harm in 30 an alleged offense defined in section 240.78, 240.79, or 240.80 of the 31 penal law, as shall be specifically named by the court in such order; 32 § 5. Paragraph (a) of subdivision 4 of section 530.13 of the criminal 33 procedure law, as amended by chapter 610 of the laws of 1998, is amended 34 to read as follows: 35 (a) stay away from the home, school, business or place of employment 36 of the victim or victims, or of any witness designated by the court, of 37 such offense; or stay away from the places or events subject to 38 threats of mass harm in an alleged offense defined in section 240.78, 39 240.79, or 240.80 of the penal law, as shall be specifically named by 40 the court in such order; 41 § 6. This act shall take effect immediately.