Assembly Bill A10540

2017-2018 Legislative Session

Relates to the damage of a building or motor vehicle caused by fire or explosion in the course of the commission of a felony

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-A10540 (ACTIVE) - Details

See Senate Version of this Bill:
S7199
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§150.05 & 150.10, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7179, S3927
2021-2022: A1069, S5359
2023-2024: A2008, S1004

2017-A10540 (ACTIVE) - Summary

Establishes that a person is guilty of arson when he damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.

2017-A10540 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10540
 
                           I N  A S S E M B L Y
 
                                May 4, 2018
                                ___________
 
 Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to the causation of a fire or
   explosion  during  the  course of committing or attempting to commit a
   controlled substance felony
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 150.05 of the penal law, as amended by chapter 225
 of the laws of 1979, is amended to read as follows:
 § 150.05 Arson in the fourth degree.
   1. A person is guilty of arson in the fourth degree when he:
   (A) recklessly damages a building or motor  vehicle  by  intentionally
 starting a fire or causing an explosion[.]; OR
   (B) DAMAGES A BUILDING OR MOTOR VEHICLE BY FIRE OR BY EXPLOSION IN THE
 COURSE  OF THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY AS DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that no person other than the defendant had a possessory or  proprietary
 interest in the building or motor vehicle.
   Arson in the fourth degree is a class E felony.
   § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
 laws of 1979, is amended to read as follows:
 § 150.10 Arson in the third degree.
   1. A person is guilty of arson in the third degree when he:
   (A)  intentionally  damages  a building or motor vehicle by starting a
 fire or causing an explosion[.]; OR
   (B) RECKLESSLY DAMAGES A BUILDING OR  MOTOR  VEHICLE  BY  FIRE  OR  BY
 EXPLOSION  IN  THE COURSE OF THE COMMISSION OR ATTEMPTED COMMISSION OF A
 FELONY AS DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that (a) no person other than the defendant had a possessory or proprie-
 tary interest in the building or motor vehicle, or if other persons  had
 such  interests,  all  of them consented to the defendant's conduct, and
 (b) the defendant's sole intent was to destroy or damage the building or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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