S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1028
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. BUTTENSCHON, SALKA -- read once and referred 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.
                                                            LBD00652-01-1
              

 A. 1028                             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, 2021.