NY State Senate Bill 2023-S8795

Senate Bill S8795

2023-2024 Legislative Session

Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree

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Archive: Last Bill Status - In Senate Committee Codes 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
Mar 12, 2024	referred to codes

2023-S8795 (ACTIVE) - Details

See Assembly Version of this Bill:: A8457
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Ren §240.79 to be §240.80, amd §§240.80 & 485.05, add §240.79, Pen L; amd §530 .13, CP L
Versions Introduced in 2025-2026 Legislative Session:: A1092

2023-S8795 (ACTIVE) - Summary

Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.

2023-S8795 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8795

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to establishing the crimes of aggravated threat of mass harm in
the first degree and aggravated threat of mass harm in the second
degree, and making such crimes hate crimes

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish the crimes of aggravated threat
of mass harm in the first and second degree.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would establish the crime of aggravated threat of
mass harm in the first degree, which is a class E felony.

Section 2 of this bill would establish the crime of aggravated threat of
mass harm in the second degree, which is a class A misdemeanor.

Section 3 of this bill would make the crimes of aggravated threat of
mass harm in the first and second degree eligible for hate crime prose-
cution.

Sections 4 and 5 of this bill would allow a court to issue an "order of
protection" related to places or events in a case involving a threat to
a public place or event.

Section 6 of this bill provides that the effective date shall take
effect immediately.

 
JUSTIFICATION:

New York has extensive laws to prosecute those who make threats of
violence against persons and places. However, a recent event at the
Destiny USA mall in Syracuse, NY, shows there is a need to provide
further protections to the free assembly of New Yorkers, regardless of
race, color, national origin, ancestry, gender, gender identity or
expression, religion, religious practice, age, disability, or sexual
orientation.

In May 2023, an employee at the Destiny USA mall in Syracuse made verbal
threats to a group of co-workers threatening to "shoot up" the mall and
the Syracuse Pride Parade taking place there. Despite these threats,
prosecutors were unable to charge the individual with a felony charge
because the threats were only stated to a small group of co-workers.
Additionally, the court was unable to issue an order of protection for
this individual to stay away from the upcoming Pride Parade because it
is a public event and he had no conviction on record. The hamstringing
of the courts is unacceptable; equal protection under the law is, hence-
forth, required; without such protections, codification of new statute
is necessary.

The safety of the public and to safeguard future pride events is para-
mount, and is demanded of the State. This bill would establish the
crimes of aggravated threat of mass harm in the first and second degree.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8795 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8795
 
                             I N  S E N A T E
 
                              March 12, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- 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 establishing the crimes of aggravated threat of mass harm
   in the first degree and aggravated threat of mass harm in  the  second
   degree, and making such crimes hate crimes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.79 of the penal law, as added by chapter 206 of
 the laws of 2022, is renumbered section 240.80 and is amended to read as
 follows:
 § 240.80 Aggravated threat of mass harm IN THE FIRST DEGREE.
   1. A person is guilty of aggravated threat of mass harm IN  THE  FIRST
 DEGREE  when such person engages in conduct as defined in section 240.78
 OR 240.79 of this article and has made any overt act in  furtherance  of
 the commission of such crime.
   2.  For  purposes  of  this section, an overt act may include making a
 plan to carry out such threat, compiling a list of  targets,  possession
 of  any  weapon  or device that can be used to carry out such threat, or
 other preparatory action.
   Aggravated threat of mass harm IN THE  FIRST  DEGREE  is  a  class  [A
 misdemeanor] E FELONY.
   §  2.  The penal law is amended by adding a new section 240.79 to read
 as follows:
 § 240.79 AGGRAVATED THREAT OF MASS HARM IN THE SECOND DEGREE.
   1. A PERSON IS GUILTY OF AGGRAVATED THREAT OF MASS HARM IN THE  SECOND
 DEGREE  WHEN SUCH PERSON ENGAGES IN CONDUCT AS DEFINED IN SECTION 240.78
 OF THIS ARTICLE AND THE THREAT IS MADE BECAUSE OF A BELIEF OR PERCEPTION
 REGARDING THE GROUP'S RACE, COLOR, NATIONAL  ORIGIN,  ANCESTRY,  GENDER,
 GENDER  IDENTITY  OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE DISA-
 BILITY OR SEXUAL  ORIENTATION,  REGARDLESS  OF  WHETHER  THE  BELIEF  OR
 PERCEPTION IS CORRECT.
   2.  PROOF  OF  RACE,  COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER
 IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE DISABILITY  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13757-04-4
 S. 8795                             2
 
 SEXUAL ORIENTATION OF THE DEFENDANT, THE VICTIM OR OF BOTH THE DEFENDANT
 AND  THE  VICTIM  DOES  NOT,  BY  ITSELF,  CONSTITUTE LEGALLY SUFFICIENT
 EVIDENCE SATISFYING THE PEOPLE'S BURDEN UNDER SUBDIVISION  ONE  OF  THIS
 SECTION.
   3.  FOR  PURPOSES  OF  THIS SECTION, THE TERMS "AGE", "DISABILITY" AND
 "GENDER IDENTITY OR EXPRESSION" SHALL BE AFFORDED THE MEANING  OF  THOSE
 TERMS  AS  DESCRIBED IN SUBDIVISION FOUR OF SECTION 485.05 OF THIS CHAP-
 TER.
   AGGRAVATED THREAT OF MASS HARM IN THE  SECOND  DEGREE  IS  A  CLASS  A
 MISDEMEANOR.
   §  3.  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
 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
 S. 8795                             3
 
 four of section 240.30 (aggravated harassment  in  the  second  degree);
 SECTION  240.31  (AGGRAVATED  HARASSMENT  IN  THE FIRST DEGREE); SECTION
 240.79 (AGGRAVATED THREAT OF MASS HARM IN THE  SECOND  DEGREE);  SECTION
 240.80  (AGGRAVATED  THREAT  OF  MASS HARM IN THE FIRST 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  terror-
 istic  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);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   § 4. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 chapter 23 of the laws of 2024, 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); paragraph (a) of subdivision one, paragraph (a) of subdi-
 vision  two  and  paragraph  (a)  of subdivision three of section 130.35
 (rape in the first degree); former subdivision  one  of  section  130.35
 (rape  in  the  first degree); subdivision one of former section 130.50;
 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 subdivision one of section
 130.70 (aggravated sexual abuse in the  first  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
 S. 8795                             4
 
 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 240.31 (AGGRAVATED
 HARASSMENT  IN  THE  FIRST DEGREE); SECTION 240.79 (AGGRAVATED THREAT OF
 MASS HARM IN THE SECOND DEGREE); SECTION 240.80  (AGGRAVATED  THREAT  OF
 MASS  HARM IN THE FIRST 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 terror-
 ism in the first degree); section 490.37 (criminal possession of a chem-
 ical 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 (criminal 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  (criminal use of a chemical weapon or
 biological weapon in the first degree); or any attempt or conspiracy  to
 commit any of the foregoing offenses.
   §  5. Paragraph (a) of subdivision 1 of section 530.13 of the criminal
 procedure law, as amended by chapter 794 of the laws of 1986, is amended
 to read as follows:
   (a) stay away from the home, school, business or place  of  employment
 of  the  victims of, or designated witnesses to, the alleged offense, OR
 STAY AWAY FROM THE PLACES OR EVENTS SUBJECT TO THREATS OF MASS  HARM  IN
 AN  ALLEGED  OFFENSE DEFINED IN SECTION 240.78, 240.79, OR 240.80 OF THE
 PENAL LAW, AS SHALL BE SPECIFICALLY NAMED BY THE COURT IN SUCH ORDER;
   § 6.  Paragraph (a) of subdivision 4 of section 530.13 of the criminal
 procedure law, as amended by chapter 610 of the laws of 1998, is amended
 to read as follows:
   (a) stay away from the home, school, business or place  of  employment
 of  the victim or victims, or of any witness designated by the court, of
 such offense; OR STAY   AWAY   FROM THE  PLACES  OR  EVENTS  SUBJECT  TO
 THREATS  OF  MASS  HARM IN AN ALLEGED OFFENSE DEFINED IN SECTION 240.78,
 240.79, OR 240.80 OF  THE PENAL LAW, AS SHALL BE SPECIFICALLY  NAMED  BY
 THE COURT IN SUCH ORDER;
   §  7.  This act shall take effect immediately; provided, however, that
 section four of this act shall take effect on the same date and  in  the
 same  manner  as  section  66  of  chapter 777 of the laws of 2023 takes
 effect.

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