S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4989
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed 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.
              

                                                            LBD06953-01-1

 S. 4989                             2
 
   §  5.  The  opening  paragraph  of section 150.15 of the penal law, as
 amended by chapter 225 of the laws  of  1979,  is  amended  to  read  as
 follows:
   A person is guilty of arson in the second degree when he intentionally
 damages a building or motor vehicle by starting a fire, and
   1.  when  (a)  another person who is not a participant in the crime is
 present in such building or motor vehicle  at  the  time,  and  (b)  the
 defendant knows that fact or the circumstances are such as to render the
 presence of such a person therein a reasonable possibility; OR
   2. SUCH PERSON IS SIMULTANEOUSLY ENGAGED IN CONDUCT THAT IS AN OFFENSE
 DEFINED IN SECTION 240.05, 240.06 OR 240.08 OF THIS PART.
   §  6. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision[.]; OR
   (U)  RIOT  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 240.05 OF THE
 PENAL LAW, RIOT IN THE FIRST DEGREE AS DEFINED IN SECTION 240.06 OF  THE
 PENAL  LAW  OR INCITING A RIOT AS DEFINED IN SECTION 240.08 OF THE PENAL
 LAW.
   § 7. This act shall take effect immediately.