S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4211
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 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  chapter  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 chapter 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
 chapter 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.
                                                            LBD02026-01-3
              

 S. 4211                             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 OR SHE inten-
 tionally 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 (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, 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:
   (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)  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.