Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 27, 2009 |
referred to codes |
Senate Bill S1208
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
(D) Senate District
2009-S1208 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A900
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยงยง120.13 & 120.14, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A3465
2013-2014: A4943
2009-S1208 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1208 TITLE OF BILL : An act to amend the penal law, in relation to menacing committed with a deadly weapon, dangerous instrument or firearm PURPOSE : Elevates the criminal offense of displaying a deadly weapon in order to intentionally place or attempt to place another person in reasonable fear of physical injury from menacing in the second degree to menacing in the first degree. SUMMARY OF PROVISIONS : This bill would amend Section 120.13 of the penal law by adding a new subdivision 2 to provide that any person who intentionally places or attempts to place another in reasonable fear of physical injury by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm may be charged with menacing in the first degree which is a class E felony. It also amends Section 120.14 which relates to menacing in the second degree to remove the aforementioned provision. However, if a person is defending oneself or one's property then they would not be considered to be in violation.
2009-S1208 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1208 2009-2010 Regular Sessions I N S E N A T E January 27, 2009 ___________ Introduced by Sens. THOMPSON, C. JOHNSON, ONORATO -- 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 menacing committed with a deadly weapon, dangerous instrument or firearm THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.13 of the penal law, as amended by chapter 765 of the laws of 2005, is amended to read as follows: S 120.13 Menacing in the first degree. 1. A person is guilty of menacing in the first degree when [he or she] SUCH PERSON: (A) commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer within the preceding ten years[.]; OR (B) INTENTIONALLY PLACES OR ATTEMPTS TO PLACE ANOTHER PERSON IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH BY DISPLAYING A DEADLY WEAPON, DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM. 2. A PERSON IS NOT GUILTY OF MENACING IN THE FIRST DEGREE IF HE OR SHE VIOLATES SUBDIVISION ONE OF THIS SECTION UNDER CIRCUMSTANCES WHERE SUCH PERSON BELIEVES THAT SUCH ACTION IS NECESSARY TO PROTECT A PERSON OR PROPERTY FROM HARM. Menacing in the first degree is a class E felony. S 2. Section 120.14 of the penal law, as amended by chapter 222 of the laws of 1994, subdivision 3 as amended by chapter 597 of the laws of 1998, is amended to read as follows: S 120.14 Menacing in the second degree. 1. A person is guilty of menacing in the second degree when SUCH PERSON: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00864-01-9
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