Bill S1018-2013

Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive

Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive or hazardous substance.

Details

Actions

  • Jun 12, 2014: referred to codes
  • Jun 12, 2014: DELIVERED TO ASSEMBLY
  • Jun 12, 2014: PASSED SENATE
  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 20, 2014: 1ST REPORT CAL.895
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Apr 24, 2013: referred to codes
  • Apr 23, 2013: DELIVERED TO ASSEMBLY
  • Apr 23, 2013: PASSED SENATE
  • Mar 21, 2013: ADVANCED TO THIRD READING
  • Mar 20, 2013: 2ND REPORT CAL.
  • Mar 19, 2013: 1ST REPORT CAL.252
  • Jan 9, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 19, 2013
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien
VOTE: COMMITTEE VOTE: - Codes - May 20, 2014
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Griffo, Avella, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

Memo

BILL NUMBER:S1018

TITLE OF BILL: 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

PURPOSE: To expand the crime of robbery in the first or second degrees to include attempts with a device appearing to be a bomb or other explosive device.

SUMMARY OF PROVISIONS: Section 1 of the bill amends the Penal Law § 160.15 as amended by chapter 374 of the laws of 1973 to include devices that constitutes, appears to constitute, or is represented to constitute, in whole or in part a bomb, destructive device or an explosive or hazardous substance. Section 2 of the bill amends the Penal Law § 160.10 to include devices that constitutes, appears to constitute, or is represented to constitute, in whole or in part a bomb, destructive device or an explosive or hazardous substance.

JUSTIFICATION: Under existing law, if someone robs a bank by putting their hand in a pocket and pretending to have a gun, or by using a fake toy gun, that a person is guilty of either a first or second degree robbery. However, under existing law, of the same person robs a bank and threatens to blow up the bank by displaying a device that appears to be a bomb, the person is only guilty of third degree robbery. This result is not logical, as the threat of a bomb is every bit as serious, and arguably more serious, than the threat of a gun.

LEGISLATIVE HISTORY: 2008: Passed Senate 2009-10: Referred to Codes 2011 Referred to Codes 2012 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1018 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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: Section 1. Subdivision 3 of section 160.15 of the penal law, as amended by chapter 374 of the laws of 1973, is amended to read as follows: 3. Uses or threatens the immediate use of a dangerous instrument, INCLUDING BUT NOT LIMITED TO, ANY DEVICE OR OBJECT THAT CONSTITUTES, APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE OR IN PART, A BOMB, DESTRUCTIVE DEVICE, OR AN EXPLOSIVE OR HAZARDOUS SUBSTANCE; EXCEPT THAT IN ANY PROSECUTION UNDER THIS SUBDIVISION, IT IS AN AFFIRMATIVE DEFENSE THAT SUCH DEVICE OR OBJECT WHICH WAS THREATENED, WAS NOT AN OPERATIVE BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE OR HAZARDOUS SUBSTANCE. NOTHING CONTAINED IN THIS SUBDIVISION SHALL CONSTITUTE A DEFENSE TO A PROSECUTION FOR, OR PRECLUDE A CONVICTION OF, ROBBERY IN THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE OR ANY OTHER CRIME; or S 2. Subdivision 2 of section 160.10 of the penal law is amended by adding a new paragraph (c) to read as follows: (C) DISPLAYS OR THREATENS TO USE ANY DEVICE OR OBJECT THAT CONSTI- TUTES, APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE OR IN PART, A BOMB, DESTRUCTIVE DEVICE, OR AN EXPLOSIVE OR HAZARDOUS SUBSTANCE; OR S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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