Bill S720A-2011

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

  • Mar 19, 2012: referred to codes
  • Mar 19, 2012: DELIVERED TO ASSEMBLY
  • Mar 19, 2012: PASSED SENATE
  • Mar 15, 2012: ADVANCED TO THIRD READING
  • Mar 14, 2012: 2ND REPORT CAL.
  • Mar 13, 2012: 1ST REPORT CAL.337
  • Jan 4, 2012: REFERRED TO CODES
  • Jun 1, 2011: PRINT NUMBER 720A
  • Jun 1, 2011: AMEND AND RECOMMIT TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 13, 2012
Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane

Memo

BILL NUMBER:S720A

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

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 ________________________________________________________________________ 720--A 2011-2012 Regular Sessions IN SENATE (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: 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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