Assembly Bill A1165

2017-2018 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

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Archive: Last Bill Status - Stricken

  • 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-A1165 (ACTIVE) - Details

See Senate Version of this Bill:
S285
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: A7023, S1018
2015-2016: A84, S835
2019-2020: S77

2017-A1165 (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.

2017-A1165 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1165
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A. SIMANOWITZ, McDONOUGH, M. G. MILLER -- Multi-
   Sponsored by -- M.  of A. HOOPER -- read  once  and  referred  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
   §  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
   § 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.
                                                            LBD02876-01-7

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