S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2491
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal  law,  in relation to including community
   centers with a religious affiliation in the definition of public place
   for purposes of offenses against public order  and  including  falsely
   reporting  an incident and placing a false bomb or hazardous substance
   in the definition of specified offense for the purpose of hate crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  240.00  of the penal law, as
 amended by chapter 167 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  "Public  place" means a place to which the public or a substantial
 group of persons has access, and includes, but is not limited to,  high-
 ways,  transportation  facilities,  schools, places of amusement, parks,
 playgrounds, community centers WITH A RELIGIOUS AFFILIATION,  and  hall-
 ways,  lobbies  and  other  portions  of apartment houses and hotels not
 constituting rooms or apartments designed for actual residence.
   § 2. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 section  9  of  part NN of chapter 55 of the laws of 2018, is amended to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04603-01-9

 A. 2491                             2
 
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  subdivision  one  of  section 130.35 (rape in the first
 degree); subdivision one of section 130.50 (criminal sexual act  in  the
 first  degree);  subdivision  one of section 130.65 (sexual abuse in the
 first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
 (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
 vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  section  135.05  (unlawful imprisonment in the second degree);
 section 135.10 (unlawful imprisonment  in  the  first  degree);  section
 135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
 the first degree);  section  135.60  (coercion  in  the  third  degree);
 section 135.61 (coercion in the second degree); section 135.65 (coercion
 in  the  first  degree);  section 140.10 (criminal trespass in the third
 degree); section  140.15  (criminal  trespass  in  the  second  degree);
 section  140.17  (criminal trespass in the first degree); section 140.20
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
 mischief  in the third degree); section 145.10 (criminal mischief in the
 second degree); section 145.12 (criminal mischief in the first  degree);
 section  150.05  (arson  in the fourth degree); section 150.10 (arson in
 the third degree); section 150.15 (arson in the second degree);  section
 150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
 section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
 (grand  larceny  in  the third degree); section 155.40 (grand larceny in
 the second degree); section 155.42 (grand larceny in the first  degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the  second  degree);  section  160.15  (robbery  in  the first degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four of section 240.30 (aggravated harassment  in  the  second  degree);
 SECTION  240.55  (FALSELY  REPORTING  AN INCIDENT IN THE SECOND DEGREE);
 SECTION 240.60 (FALSELY REPORTING AN  INCIDENT  IN  THE  FIRST  DEGREE);
 SECTION 240.62 (PLACING A FALSE BOMB OR HAZARDOUS SUBSTANCE IN THE FIRST
 DEGREE);  or  any  attempt  or conspiracy to commit any of the foregoing
 offenses.
   § 3. This act shall take effect immediately.