Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 27, 2009 |
referred to codes |
Senate Bill S1201
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S1201 (ACTIVE) - Details
2009-S1201 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1201 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
2009-S1201 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1201 2009-2010 Regular Sessions I N S E N A T E January 27, 2009 ___________ 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 4 of section 160.15 of the penal law, as amended by chapter 374 of the laws of 1973, is amended and a new subdi- vision 5 is added to read as follows: 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivi- sion 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 5. DISPLAYS OR THREATENS TO USE 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 DISPLAYED OR THREATENED, WAS NOT AN OPERATIVE BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE OR HAZARDOUS SUBSTANCE. NOTHING CONTAINED IN THIS SUBDIVISION SHALL CONSTI- TUTE 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. S 2. Subdivision 2 of section 160.10 of the penal law is amended by adding a new paragraph (c) to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04963-01-9
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