BILL NUMBER:S430A

TITLE OF BILL:  An act to amend the penal law, in relation to an
intentional act or continuing course of action that would cause
serious physical harm to ten or more people

PURPOSE:

This bill would expand the provisions of Article 240 of the Penal Law
to make all threats of mass violence against a school a felony.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 5 of section 240.60 of Article 240 of the
Penal Law to include all threats of intentional acts or continuing
course of actions that would cause serious physical harm to ten or
more people upon school grounds in the definition of falsely reporting
an incident in the first degree, a class D felony.

Section 2 states this act shall take effect on the thirtieth day after
it shall have become law.

JUSTIFICATION:

Under current law, if an individual threatens a fire, explosion or
release of a hazardous substance on school grounds, he or she is
              

guilty of a class D felony of falsely reporting an incident in the
first degree.

However, in the years that have passed since the enactment of the
current law, the nature of the threats facing schools have changed.
Any threat of mass violence against a school, regardless of the
implement threatened to be used, creates immense fear for both
students and staff, disrupts the learning process, and ultimately
dilutes the response if an actual incident were to occur.

In one such instance, a community in central New York, Walton (in
Delaware County), has been the victim of repeated threats. Starting in
January 2013, just after the tragic events in Newtown, CT, an
individual made a series of threat using social media. These threats,
which required police presence and cancellation of school events, were
explicit, and were accompanied by photos of dead children. Due to
their understandable fear, parents kept their children home while the
investigation proceeded.

When the perpetrator (an adult woman in the community) was
apprehended, she was charged with misdemeanor harassment. The school
was informed that this type of threat did not legally rise to the same
level as a bomb threat and this was all that could be done.

After the perpetrator was convicted and subsequently released, the
threats resumed in May. The end of the year was terrifying for
parents, students, faculty and staff. Recess was moved indoors,
activities cancelled, and schools were put on lockdown. Eventually the
same perpetrator was rearrested and reconvicted. Again the charge was
misdemeanor harassment. Again she was released with the same


explanation that she had not made a threat with a bomb or similar
device and therefore the crime did not rise to the level of a felony.

While this story represents the experience of a single district, it
highlights an inadequacy in the current law. If a school is threatened
with mass violence, the implement threatened to be used should not
mitigate the crime; the charge should be commensurate with the
devastating harm such threats have on a community.

LEGISLATIVE HISTORY:

2013-14. S 7931/A 9784-A Referred to Rules/Referred to Codes

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become law.