Assembly Bill A5121

2021-2022 Legislative Session

Enhances the penalties for crimes committed during a riot

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A5121 (ACTIVE) - Details

See Senate Version of this Bill:
S4989
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§240.06, 240.05, 240.08, 140.30 & 150.15, Pen L; amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A11069, S8974
2023-2024: A3373, S4211

2021-A5121 (ACTIVE) - Summary

Enhances the penalties for crimes committed during a riot.

2021-A5121 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5121
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to crimes committed during a riot
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The closing paragraph of section 240.06 of the penal law,
 as amended by chapter 294 of the laws of 2005, is  amended  to  read  as
 follows:
   Riot in the first degree is a class [E] D felony.
   §  2.  The  closing  paragraph  of section 240.05 of the penal law, as
 amended by section 791 of the laws  of  1967,  is  amended  to  read  as
 follows:
   Riot in the second degree is a class [A misdemeanor] E FELONY.
   §  3.  The  closing  paragraph  of section 240.08 of the penal law, as
 added by section 791 of the laws of 1967, is amended to read as follows:
   Inciting to riot is a class [A misdemeanor] E FELONY.
   § 4. Subdivision 4 of section 140.30 of the penal law, as  amended  by
 section  374  of the laws of 1973, is amended and a new subdivision 5 is
 added to read as follows:
   4. Displays what appears to be a  pistol,  revolver,  rifle,  shotgun,
 machine  gun or other firearm; except that in any prosecution under this
 subdivision, it is an affirmative defense that  such  pistol,  revolver,
 rifle,  shotgun,  machine  gun  or other firearm was not a loaded weapon
 from which a shot, readily capable of producing death or  other  serious
 physical injury, could be discharged. Nothing contained in this subdivi-
 sion  shall  constitute  a  defense  to a prosecution for, or preclude a
 conviction of, burglary in the second  degree,  burglary  in  the  third
 degree or any other crime[.]; OR
   5.  IS SIMULTANEOUSLY ENGAGED IN CONDUCT THAT IS AN OFFENSE DEFINED IN
 SECTION 240.05, 240.06 OR 240.08 OF THIS PART.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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