NY State Senate Bill 2019-S77

Senate Bill S77

2019-2020 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S77 (ACTIVE) - Details

Current Committee:: Senate Codes
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: S1018
2015-2016: S835
2017-2018: S285

2019-S77 (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.

2019-S77 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S77

SPONSOR: ROBACH
 
TITLE OF BILL:  An act to amend the penal law, in relation to expand-
ing 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

 
PURPOSE:

To expand the crime of robbery in the first or second degrees to include
attempts with a device appearing to be a bomb or other explosive device.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the Penal Law § 160.15 as amended by chap-
ter 374 of the laws of 1973 to include devices 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. Section
2 of the bill amends the Penal Law § 160.10 to include devices 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.

 
JUSTIFICATION:

Under existing law, if someone robs a bank by putting their hand in a
pocket and pretending to have a gun, or by using a fake toy gun, that a
person is guilty of either a first or second degree robbery.  However,
under existing law, of the same person robs a bank and threatens to blow
up the bank by displaying a device that appears to be a bomb, the person
is only guilty of third degree robbery. This result is not logical, as
the threat of a bomb is every bit as serious, and arguably more serious,
than the threat of a gun.

 
LEGISLATIVE HISTORY:

2012 Passed Senate
2013 Passed Senate
2014 Passed Senate
2015-16: Referred to Codes
2017-18 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2019-S77 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    77
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ROBACH -- 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  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.
                                                            LBD05351-01-9

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