NY State Senate Bill 2015-S835

Senate Bill S835

2015-2016 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

2015-S835 (ACTIVE) - Details

See Assembly Version of this Bill:: A84
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§160.15 & 160.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1201
2011-2012: S720
2013-2014: S1018, A7023
2017-2018: S285, A1165
2019-2020: S77

2015-S835 (ACTIVE) - Summary

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.

2015-S835 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S835

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
2011 Referred to Codes
2012 Passed Senate
2013 Passed Senate
2014 Passed Senate

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.

2015-S835 (ACTIVE) - Bill Text download pdf

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

                                   835

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00506-01-5

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