S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3976
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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 establishing the crime  of
   making a threat of mass violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding two new sections  240.78
 and 240.79 to read as follows:
 § 240.78 MAKING A THREAT OF MASS VIOLENCE IN THE SECOND DEGREE.
   A  PERSON  IS GUILTY OF MAKING A THREAT OF MASS VIOLENCE IN THE SECOND
 DEGREE WHEN:
   1. SUCH PERSON, BEING UNDER THE AGE OF EIGHTEEN MAKES A THREAT OF MASS
 VIOLENCE TOWARD A SCHOOL, COLLEGE OR UNIVERSITY, PLACE OF WORSHIP,  MASS
 GATHERING  OF  TWENTY-FIVE PEOPLE OR MORE, OR A BUSINESS AND SUCH THREAT
 IS MADE IN WRITING, VERBALLY COMMUNICATED OR EXPRESSED THROUGH ANY OTHER
 MEANS OF COMMUNICATION; OR
   2. SUCH PERSON, BEING EIGHTEEN YEARS OF AGE OR OLDER,  BUT  UNDER  THE
 AGE  OF  TWENTY-ONE,  MAKES  A  THREAT OF MASS VIOLENCE AGAINST A SCHOOL
 WHICH THEY CURRENTLY ATTEND AND SUCH THREAT IS MADE IN WRITING, VERBALLY
 COMMUNICATED OR EXPRESSED THROUGH ANY OTHER MEANS OF COMMUNICATION.
   MAKING A THREAT OF MASS VIOLENCE IN THE SECOND DEGREE  SHALL  CARRY  A
 FINE  OF  THIRTY-FIVE  THOUSAND  DOLLARS AND A MANDATORY SENTENCE OF TEN
 DAYS IN A DETENTION FACILITY OR, IN THE CASE OF A PERSON  OVER  EIGHTEEN
 YEARS OF AGE, ONE HUNDRED DAYS IN A SPECIALIZED SECURE DETENTION FACILI-
 TY  FOR  OLDER  YOUTH  CERTIFIED  BY  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION.
 § 240.79 MAKING A THREAT OF MASS VIOLENCE IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF MAKING A THREAT OF MASS VIOLENCE  IN  THE  FIRST
 DEGREE  WHEN  SUCH  PERSON  MAKES  A  THREAT TOWARD A SCHOOL, COLLEGE OR
 UNIVERSITY, PLACE OF WORSHIP, MASS GATHERING OF  TWENTY-FIVE  PEOPLE  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09586-01-9
              

 S. 3976                             2
 
 MORE,  OR  A  BUSINESS  AND  SUCH THREAT IS MADE IN WRITING, VERBALLY OR
 EXPRESSED THROUGH ANY OTHER MEANS OF COMMUNICATION.
   MAKING  A  THREAT  OF  MASS  VIOLENCE IN THE FIRST DEGREE IS A CLASS D
 FELONY AND SHALL CARRY A FINE OF  THIRTY-FIVE  THOUSAND  DOLLARS  AND  A
 SENTENCE OF NO LESS THAN THREE YEARS.
   §  2.  Paragraph a of subdivision 1 of section 80.00 of the penal law,
 as amended by section 27 of subpart A of part H of  chapter  55  of  the
 laws of 2014, is amended to read as follows:
   a. [five] THIRTY-FIVE thousand dollars; or
   § 3. This act shall take effect November 1, 2019.