Provides that the threat of the use of a firearm or explosive device during a robbery shall constitute robbery in the second degree.

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S3039-2013 Actions

• Jan 29, 2013: REFERRED TO CODES

S3039-2013 Memo

BILL NUMBER:S3039

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.

S3039-2013 Text

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

                                    3039

                         2013-2014 Regular Sessions

                              I N  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