S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        720--A

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN  ACT  to  amend  the penal law, in relation to expanding the crime of
         robbery in the first and second degrees to include  attempts  of  such
         crime with a device appearing to be a bomb or other explosive device

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 3 of  section  160.15  of  the  penal  law,  as
    2  amended  by  chapter  374  of  the  laws  of 1973, is amended to read as
    3  follows:
    4    3. Uses or threatens the immediate  use  of  a  dangerous  instrument,
    5  INCLUDING  BUT  NOT  LIMITED  TO, ANY DEVICE OR OBJECT THAT CONSTITUTES,
    6  APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE  OR  IN
    7  PART,   A  BOMB,  DESTRUCTIVE  DEVICE,  OR  AN  EXPLOSIVE  OR  HAZARDOUS
    8  SUBSTANCE; EXCEPT THAT IN ANY PROSECUTION UNDER THIS SUBDIVISION, IT  IS
    9  AN  AFFIRMATIVE DEFENSE THAT SUCH DEVICE OR OBJECT WHICH WAS THREATENED,
   10  WAS NOT AN OPERATIVE BOMB, DESTRUCTIVE DEVICE,  EXPLOSIVE  OR  HAZARDOUS
   11  SUBSTANCE.  NOTHING  CONTAINED  IN  THIS  SUBDIVISION SHALL CONSTITUTE A
   12  DEFENSE TO A PROSECUTION FOR, OR PRECLUDE A CONVICTION  OF,  ROBBERY  IN
   13  THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE OR ANY OTHER CRIME; or
   14    S  2.  Subdivision  2 of section 160.10 of the penal law is amended by
   15  adding a new paragraph (c) to read as follows:
   16    (C) DISPLAYS OR THREATENS TO USE ANY DEVICE  OR  OBJECT  THAT  CONSTI-
   17  TUTES,  APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE
   18  OR IN PART, A BOMB, DESTRUCTIVE DEVICE, OR  AN  EXPLOSIVE  OR  HAZARDOUS
   19  SUBSTANCE; OR
   20    S 3. This act shall take effect on the first of November next succeed-
   21  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.
                                                                  LBD01993-03-1