S1018-2013 - NY Senate Open Legislation - 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.

Sponsor: ROBACH / Committee: CODES
Law Section: Penal Law / Law: Amd SS160.15 & 160.10, Pen L

S1018-2013 Actions

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

S1018-2013 Meetings

Codes: Mar 19, 2013

S1018-2013 Calendars

Active List: Apr 23, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 23, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013 , Floor Calendar: Mar 27, 2013 , Floor Calendar: Apr 15, 2013 , Floor Calendar: Apr 16, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013

S1018-2013 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: FLOOR VOTE: - Apr 23, 2013

Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Sampson

S1018-2013 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.

S1018-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1018
 2013-2014 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05316-01-3

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