Senate Bill S4159

2013-2014 Legislative Session

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony

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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

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2013-S4159 (ACTIVE) - Details

See Assembly Version of this Bill:
A6185
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §220.10, CP L; amd §10.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9056
2011-2012: S7155, A2054
2015-2016: S3488
2017-2018: S6207
2019-2020: S1776
2021-2022: S4575
2023-2024: S5068

2013-S4159 (ACTIVE) - Summary

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony.

2013-S4159 (ACTIVE) - Sponsor Memo

2013-S4159 (ACTIVE) - Bill Text download pdf 

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

                                  4159

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  the  criminal  use  of  a dangerous instrument on school
  grounds during the commission of a felony

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (d)  of subdivision 5 of section 220.10 of the
criminal procedure law is amended by adding a new  subparagraph  (v)  to
read as follows:
  (V) WHERE THE INDICTMENT CHARGES THE CLASS D FELONY OFFENSE OF ASSAULT
IN  THE  SECOND DEGREE, PURSUANT TO SUBDIVISION TEN OF SECTION 120.05 OF
THE PENAL LAW, ANY PLEA TO SUCH INDICTMENT SHALL INCLUDE A PLEA OF GUIL-
TY TO SUCH CHARGE NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
  S 2.  Subdivision 13 of section 10.00 of the penal law, as amended  by
chapter 791 of the laws of 1967, is amended to read as follows:
  13. "Dangerous instrument" means any instrument, article or substance,
including  a  "vehicle"  as  that term is defined in this section, OR AN
UMBRELLA CUSTOMARILY USED TO SHIELD AN INDIVIDUAL FROM  CLIMATIC  CONDI-
TIONS,  which, under the circumstances in which it is used, attempted to
be used or threatened to be used, is readily capable of causing death or
other serious physical injury.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05597-01-3

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