NY State Assembly Bill 2023-A8283

Assembly Bill A8283

2023-2024 Legislative Session

Includes certain offenses in being eligible for bail, makes certain offenses eligible to be considered hate crimes, and increases the penalties for certain offenses

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 09, 2024	held for consideration in codes
Jan 03, 2024	referred to codes
Nov 27, 2023	referred to codes

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2023-A8283 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20, 530.40 & 150.20, CP L; amd §§485.05, 240.78 & 240.79, Pen L

2023-A8283 (ACTIVE) - Summary

Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.

2023-A8283 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8283
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY,  REILLY, JENSEN, E. BROWN, SIMPSON,
   NORRIS, GANDOLFO, MANKTELOW, MILLER, GALLAHAN, BLUMENCRANZ, PALMESANO,
   K. BROWN, GRAY, DURSO, PIROZZOLO, SLATER, BENDETT, NOVAKHOV, LEMONDES,
   HAWLEY, DeSTEFANO,  ANGELINO,  TAGUE,  BRABENEC,  GOODELL,  MORINELLO,
   J. M. GIGLIO,  WALSH,  SMULLEN,  BEEPHAN,  BLANKENBUSH,  BROOK-KRASNY,
   McDONOUGH, MIKULIN, SMITH, BYRNES, RA, MAHER, CHANG,  J. A. GIGLIO  --
   Multi-Sponsored by -- M. of A. FRIEND -- read once and referred to the
   Committee on Codes
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to including certain offenses in  being  eligible  for  bail,
   making  certain  offenses  eligible  to be considered hate crimes, and
   increasing the penalties for certain offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (g),  (m),  (t),  and (u) of subdivision 4 of
 section 510.10 of the criminal procedure law, paragraph (g)  as  amended
 and  paragraph (m) as added by section 2 of part UU of chapter 56 of the
 laws of 2020 and paragraph (t) as amended and paragraph (u) as added  by
 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
 amended and a new paragraph (v) is added to read as follows:
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of the penal law; [or] a felony crime of terrorism as defined in article
 four  hundred  ninety of the penal law[, other than the crime defined in
 section 490.20 of such law]; AGGRAVATED THREAT OF MASS HARM  AS  DEFINED
 IN  SECTION  240.79 OF THE PENAL LAW; OR MAKING A THREAT OF MASS HARM AS
 DEFINED IN SECTION 240.78 OF THE PENAL LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13568-01-3

 A. 8283                             2
 
   (m) assault in the third degree as defined in section  120.00  of  the
 penal  law  [or]; arson in the third degree as defined in section 150.10
 of the penal law[,]; AGGRAVATED  HARASSMENT  IN  THE  SECOND  DEGREE  AS
 DEFINED  IN SECTION 240.30; HARASSMENT IN THE FIRST DEGREE AS DEFINED IN
 SECTION  240.25;  MENACING  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION
 120.15; MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION  120.14;  OR
 MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13, when ANY such
 crime  is  charged  as  a hate crime as defined in section 485.05 of the
 penal law;
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, 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  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  AGGRAVATED  HARASSMENT  IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW.
   § 2. Subparagraphs (vii), (xiii), (xx), and (xxi) of paragraph (b)  of
 subdivision  1 of section 530.20 of the criminal procedure law, subpara-
 graphs (vii) and (xiii) as amended by section 3 of part UU of chapter 56
 of the laws of 2020 and subparagraph (xx) as  amended  and  subparagraph
 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
 laws of 2022, are amended and a new subparagraph (xxii) is added to read
 as follows:
   (vii)  money laundering in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of the penal law; [or] a felony crime of terrorism as defined in article
 four  hundred  ninety of the penal law[, other than the crime defined in
 section 490.20 of such law]; AGGRAVATED THREAT OF MASS HARM  AS  DEFINED
 IN  SECTION  240.79 OF THE PENAL LAW; OR MAKING A THREAT OF MASS HARM AS
 DEFINED IN SECTION 240.78 OF THE PENAL LAW;
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal law [or]; arson in the third degree as defined in  section  150.10
 of  the penal law; AGGRAVATED HARASSMENT IN THE SECOND DEGREE AS DEFINED
 A. 8283                             3
 
 IN SECTION 240.30; HARASSMENT IN THE FIRST DEGREE AS DEFINED IN  SECTION
 240.25;  MENACING  IN  THE  THIRD  DEGREE  AS DEFINED IN SECTION 120.15;
 MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14; OR  MENACING
 IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13, when ANY such crime is
 charged as a hate crime as defined in section 485.05 of the penal law;
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket 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. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.]; OR
   (XXII) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW.
   §  3.  Paragraphs  (g),  (m), (t), and (u) of subdivision 4 of section
 530.40 of the criminal procedure law, paragraph (g) as amended and para-
 graph (m) as added by section 4 of part UU of chapter 56 of the laws  of
 2020  and paragraph (t) as amended and paragraph (u) as added by section
 4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
 and a new paragraph (v) is added to read as follows:
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; [or] a felony crime of terrorism as defined in article
 four hundred ninety of the penal law[, other than the crime  defined  in
 section  490.20  of such law]; AGGRAVATED THREAT OF MASS HARM AS DEFINED
 IN SECTION 240.79 OF THE PENAL LAW; OR MAKING A THREAT OF MASS  HARM  AS
 DEFINED IN SECTION 240.78 OF THE PENAL LAW;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law; AGGRAVATED HARASSMENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.30; HARASSMENT IN THE FIRST DEGREE  AS  DEFINED  IN  SECTION
 240.25;  MENACING  IN  THE  THIRD  DEGREE  AS DEFINED IN SECTION 120.15;
 MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14; OR  MENACING
 IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13, when ANY such crime is
 charged as a hate crime as defined in section 485.05 of the penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 A. 8283                             4
 
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  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 quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 240.31 OF THE PENAL LAW.
   §  4.  Subparagraph  (xi) of paragraph (b) of subdivision 1 of section
 150.20 of the criminal procedure law, as added by section 1 of subpart B
 of part UU of chapter 56 of the laws of 2022,  is  amended  to  read  as
 follows:
   (xi)  the offense is a qualifying offense pursuant to paragraph (G) OR
 (t) of subdivision four of section 510.10 of this chapter,  or  pursuant
 to  paragraph  (G)  OR (t) of subdivision four of section 530.40 of this
 chapter.
   § 5. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 section  3  of  part  R of chapter 55 of the laws of 2020, is amended to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); subdivision one of section  130.35  (rape  in  the  first
 degree);  subdivision  one of section 130.50 (criminal sexual act in the
 first degree); subdivision one of section 130.65 (sexual  abuse  in  the
 first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
 (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
 vision  one  of  section  130.70  (aggravated  sexual abuse in the first
 A. 8283                             5
 
 degree); section 135.05 (unlawful imprisonment in  the  second  degree);
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the third degree);
 section 135.61 (coercion in the second degree); section 135.65 (coercion
 in the first degree); section 140.10 (criminal  trespass  in  the  third
 degree);  section  140.15  (criminal  trespass  in  the  second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of  section  240.30  (aggravated harassment in the second degree);
 section 490.10 (soliciting or providing support for an act of  terrorism
 in  the  second degree); section 490.15 (soliciting or providing support
 for an act of terrorism in the first degree); section 490.20  (making  a
 terroristic threat); section 490.25 (crime of terrorism); section 490.30
 (hindering  prosecution  of  terrorism  in  the  second degree); section
 490.35 (hindering prosecution of terrorism in the first degree); section
 490.37 (criminal possession of a chemical weapon or biological weapon in
 the third degree); section 490.40 (criminal  possession  of  a  chemical
 weapon or biological weapon in the second degree); section 490.45 (crim-
 inal  possession  of a chemical weapon or biological weapon in the first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon in the third degree); section 490.50 (criminal use of a  chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 SECTION  240.78  (MAKING  A THREAT OF MASS HARM); SECTION 240.79 (AGGRA-
 VATED THREAT OF MASS HARM); or any attempt or conspiracy to  commit  any
 of the foregoing offenses.
   §  6.  The  closing  paragraph  of section 240.78 of the penal law, as
 added by chapter 206 of the laws of 2022, is amended to read as follows:
   Making a threat of mass harm is a class [B] A misdemeanor.
   § 7. The closing paragraph of section 240.79  of  the  penal  law,  as
 added by chapter 206 of the laws of 2022, is amended to read as follows:
   Aggravated threat of mass harm is a class [A misdemeanor] E FELONY.
   §  8.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Assembly Bill A8283

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Sponsored By

BARCLAY

Current Bill Status - In Assembly Committee

co-Sponsors

Mike Reilly

Josh Jensen

Eric Brown

Matthew Simpson

multi-Sponsors

Christopher Friend

2023-A8283 (ACTIVE) - Details

2023-A8283 (ACTIVE) - Summary

2023-A8283 (ACTIVE) - Bill Text download pdf

Comments