Provides that the threat of the use of a firearm or explosive device during a robbery shall constitute robbery in the second degree.
TITLE OF BILL: An act to amend the penal law, in relation to robbery in the second degree
PURPOSE: To increase the penalties for committing robbery while threatening the use of a firearm or explosive device.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends section 160.10 of the Penal Law to provide that a person is guilty of robbery in the second degree when he forcibly steals property and he, or another participant in the crime, orally or in writing communicates the threat of the use of a firearm or explosive device.
Section 2:Effective date.
JUSTIFICATION: In People v Grant, 17 N.Y.3d 613, the New York State Court of Appeals held that when a bank robber presents a note stating that they have a loaded gun and will shoot if the teller does not give them money, this alone only constitutes robbery in the third degree unless it can be proven that the robber was in actual possession of a weapon. This reduces what would otherwise be a B Felony to a D Felony. This legislation acknowledges the elevating factor of the oral or written threat of the use of a firearm or explosive device by amending robbery in the second degree, a class C Felony, to incorporate such a threat.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3039 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________Introduced by Sens. BONACIC, LARKIN, SEWARD -- 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 robbery in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 160.10 of the penal law, as amended by chapter 374 of the laws of 1973, paragraph (b) of subdivision 2 as amended and subdivision 3 as added by chapter 308 of the laws of 1995, is amended to read as follows: S 160.10 Robbery in the second degree. A person is guilty of robbery in the second degree when he forcibly steals property and when: 1. He is aided by another person actually present; or 2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (C) ORALLY OR IN WRITING COMMUNICATES THE THREAT OF THE USE OF A FIREARM OR EXPLOSIVE DEVICE; OR 3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law. Robbery in the second degree is a class C felony. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06717-01-3