BILL NUMBER: S86

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing the crimes of making a threat of mass harm and aggravated threat
of mass harm

 
PURPOSE:

The purpose of this legislation is to define the criterion of what
constitutes a threat of mass harm and an aggravated threat of mass harm.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding two new sections, section
490.07 and section 490.08: Section 490.07 defines the crime of making
the threat of mass harm when an individual communicates by any means a
threat, or a threat to cause to commit, physical injury or death at a
school, place of worship, business, government building, or any other
place of assembly and said threat causes a lockdown or evacuation of the
location. Such a threat cannot be defended to a prosecutor that the
              

defendant did not have the intent or capability of committing the act or
the threat was not made to a person who was the subject of the threat.
Section 490.08 defines the crime of making an aggravated threat of mass
harm when an individual engages in the conduct described in section
490.07 and takes any action in furtherance of the commission of such
crime. Overt acts which constitute the furtherance of the threat include
making a plan to carry out said threat, making a list of targets,
possession of any weapon or device that can be used to carry out such
threat, or other preparatory action.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2015, Brian Hulsen was accused of making a terrorist threat against
James Vernon Middle School, telling one teacher he would "shoot up the
school like Columbine" the day he was fired. In People vs Hulsen, the
District Court of Appeals dismissed New York State's case against Mr.
Hulsen, citing the threat was not "imminent" because the school had no
plan to fire him. At the time of his threat, Mr. Hulsen owned an AR-15
along with other weapons.

In the wake of the shooting at Stoneman Douglas High School, numerous
threats have been made at schools across New York State. This legis-
lation clearly defines the criminality of those threats.  Moreover, this
legislation defines the overt actions which constitute the furtherance
of the threat. The language addressing actions constituting the further-
ance of a threat will create a clear and comprehensive standard for
imminence, and provides guidelines for the State when such imminence is
present. Under this new legislation, when threats like the one by Mr.
Hulsen are made, and there are clear warning signs of danger--like the
possession of an AR-15--the State will have the ability to protect its
citizenry, including students at school, to the highest degree.

 
LEGISLATIVE HISTORY:

S.8262- 2018

 
EFFECTIVE DATE:
This act shall take effect immediately.