S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1923
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by Sens. WEBER, OBERACKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law,  in  relation  to  prohibiting  falsely
   reporting an incident and/or making a terroristic threat which include
   claims  of  a  deadly weapon or dangerous instrument being involved or
   which threaten a school or place of worship
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 240.55 of the penal law, as amended by chapter 477
 of the laws of 1989, subdivisions 1 and 2 as amended by chapter  561  of
 the  laws  of 1999, subdivision 3 as added by chapter 301 of the laws of
 2001 and as renumbered by chapter 302 of the laws of 2001, and the clos-
 ing paragraph as amended by chapter 301 of the laws of 2001, is  amended
 to read as follows:
 § 240.55 Falsely reporting an incident in the second degree.
   A  person  is  guilty  of  falsely reporting an incident in the second
 degree when, knowing the information reported, conveyed or circulated to
 be false or baseless, [he or she] SUCH PERSON:
   1. Initiates or circulates a false report or  warning  of  an  alleged
 occurrence  or  impending  occurrence  of  a fire, explosion, THE USE OR
 POSSESSION OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT BY AN  INDIVIDUAL,
 or  the release of a hazardous substance under circumstances in which it
 is not unlikely that public alarm or inconvenience will result;
   2. Reports, by word or action, to any official or quasi-official agen-
 cy or organization having  the  function  of  dealing  with  emergencies
 involving danger to life or property, an alleged occurrence or impending
 occurrence of a fire, explosion, THE USE OR POSSESSION OF A DEADLY WEAP-
 ON  OR  DANGEROUS  INSTRUMENT  BY  AN  INDIVIDUAL OR INDIVIDUALS, or the
 release of a hazardous substance which did not in fact occur or does not
 in fact exist; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03498-01-5
 S. 1923                             2
              

 
   3. Knowing the information reported,  conveyed  or  circulated  to  be
 false  or  baseless and under circumstances in which it is likely public
 alarm or inconvenience will result, [he or she] SUCH PERSON initiates or
 circulates a report or warning of an alleged occurrence or an  impending
 occurrence  of  a  fire, an explosion, THE USE OR POSSESSION OF A DEADLY
 WEAPON OR DANGEROUS INSTRUMENT BY AN INDIVIDUAL OR INDIVIDUALS,  or  the
 release of a hazardous substance upon any private premises.
   Falsely  reporting an incident in the second degree is a class E felo-
 ny.
   § 2. The penal law is amended by adding a new section 240.60-a to read
 as follows:
 § 240.60-A FALSELY REPORTING  AN  INCIDENT  AT  A  SCHOOL  OR  PLACE  OF
              WORSHIP.
   1.  A PERSON IS GUILTY OF FALSELY REPORTING AN INCIDENT AT A SCHOOL OR
 PLACE OF WORSHIP WHEN SUCH PERSON,  KNOWING  THE  INFORMATION  REPORTED,
 CONVEYED  OR  CIRCULATED TO BE FALSE OR BASELESS AND UNDER CIRCUMSTANCES
 IN WHICH IT IS LIKELY PUBLIC ALARM OR INCONVENIENCE  WILL  RESULT,  SUCH
 PERSON  INITIATES OR CIRCULATES A REPORT OR WARNING OF AN ALLEGED OCCUR-
 RENCE  OR  IMPENDING  OCCURRENCE  OF  A  FIRE,  EXPLOSION,  THE  USE  OR
 POSSESSION  OF  A DEADLY WEAPON OR DANGEROUS INSTRUMENT BY AN INDIVIDUAL
 OR INDIVIDUALS IN OR UPON SCHOOL OR A PLACE OF WORSHIP.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM  "SCHOOL"  INCLUDES  ANY
 BUILDING  OR  GROUNDS, OWNED OR LEASED, OF ANY EDUCATIONAL INSTITUTIONS,
 COLLEGES AND  UNIVERSITIES,  LICENSED  PRIVATE  CAREER  SCHOOLS,  SCHOOL
 DISTRICTS,  PUBLIC  SCHOOLS,  PRIVATE SCHOOLS LICENSED UNDER ARTICLE ONE
 HUNDRED ONE OF THE EDUCATION LAW, CHARTER SCHOOLS,  NON-PUBLIC  SCHOOLS,
 BOARD   OF   COOPERATIVE  EDUCATIONAL  SERVICES,  SPECIAL  ACT  SCHOOLS,
 PRESCHOOL SPECIAL EDUCATION PROGRAMS, PRIVATE RESIDENTIAL  OR  NON-RESI-
 DENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES, AND ANY
 STATE-OPERATED OR STATE-SUPPORTED SCHOOLS.
   FALSELY  REPORTING  AN  INCIDENT  AT A SCHOOL OR PLACE OF WORSHIP IS A
 CLASS C FELONY.
   § 3. Section 490.20 of the penal law, as added by chapter 300  of  the
 laws of 2001, is amended to read as follows:
 § 490.20 Making a terroristic threat IN THE SECOND DEGREE.
   1.  A  person  is  guilty of making a terroristic threat IN THE SECOND
 DEGREE when with intent to intimidate or coerce a  civilian  population,
 influence  the  policy  of a unit of government by intimidation or coer-
 cion, or affect the conduct of a unit of government by murder,  assassi-
 nation  or  kidnapping,  [he  or she] SUCH PERSON threatens to commit or
 cause to be committed a specified offense and thereby causes  a  reason-
 able expectation or fear of the imminent commission of such offense.
   2.  It  shall  be no defense to a prosecution pursuant to this section
 that the defendant did not have the intent or capability  of  committing
 the  specified  offense  or that the threat was not made to a person who
 was a subject thereof.
   Making a terroristic threat IN THE SECOND DEGREE is a class D felony.
   § 4. The penal law is amended by adding a new section 490.22  to  read
 as follows:
 § 490.22 MAKING A TERRORISTIC THREAT IN THE FIRST DEGREE.
   1.  A  PERSON  IS  GUILTY  OF MAKING A TERRORISTIC THREAT IN THE FIRST
 DEGREE WHEN WITH INTENT TO  INTIMIDATE,  COERCE,  THREATEN  OR  ALARM  A
 CIVILIAN  POPULATION,  SUCH  PERSON  THREATENS  TO COMMIT OR CAUSE TO BE
 COMMITTED A SPECIFIED OFFENSE UPON SCHOOL GROUNDS OR A PLACE OF WORSHIP,
 AND THEREBY CAUSES A REASONABLE EXPECTATION  OR  FEAR  OF  THE  IMMINENT
 COMMISSION OF SUCH OFFENSE.
 S. 1923                             3
 
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "SCHOOL" INCLUDES ANY
 BUILDING OR GROUNDS, OWNED OR LEASED, OF ANY  EDUCATIONAL  INSTITUTIONS,
 COLLEGES  AND  UNIVERSITIES,  LICENSED  PRIVATE  CAREER  SCHOOLS, SCHOOL
 DISTRICTS, PUBLIC SCHOOLS, PRIVATE SCHOOLS LICENSED  UNDER  ARTICLE  ONE
 HUNDRED  ONE  OF THE EDUCATION LAW, CHARTER SCHOOLS, NON-PUBLIC SCHOOLS,
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  SPECIAL   ACT   SCHOOLS,
 PRESCHOOL  SPECIAL  EDUCATION PROGRAMS, PRIVATE RESIDENTIAL OR NON-RESI-
 DENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES, AND ANY
 STATE-OPERATED OR STATE-SUPPORTED SCHOOLS.
   3. IT SHALL BE NO DEFENSE TO A PROSECUTION PURSUANT  TO  THIS  SECTION
 THAT  THE  DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY OF COMMITTING
 THE SPECIFIED OFFENSE.
   MAKING A TERRORISTIC THREAT IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 5. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph  (b) as amended by chapter 94 of the laws of 2020
 and paragraph (c) as amended by chapter 23 of  the  laws  of  2024,  are
 amended to read as follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09,  gang  assault  in  the
 second  degree  as defined in section 120.06, strangulation in the first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, burglary in the second degree as defined in section
 140.25, robbery in the second  degree  as  defined  in  section  160.10,
 FALSELY REPORTING AN INCIDENT AT A SCHOOL OR PLACE OF WORSHIP AS DEFINED
 IN  SECTION  240.60-A,  criminal  possession  of  a weapon in the second
 degree as defined in section 265.03, criminal use of a  firearm  in  the
 second  degree  as defined in section 265.08, criminal sale of a firearm
 in the second degree as defined in section 265.12, criminal  sale  of  a
 firearm with the aid of a minor as defined in section 265.14, aggravated
 criminal possession of a weapon as defined in section 265.19, soliciting
 or  providing  support  for  an  act of terrorism in the first degree as
 defined in section 490.15, MAKING A  TERRORISTIC  THREAT  IN  THE  FIRST
 DEGREE  AS DEFINED IN SECTION 490.22, hindering prosecution of terrorism
 in the  second  degree  as  defined  in  section  490.30,  and  criminal
 possession of a chemical weapon or biological weapon in the third degree
 as defined in section 490.37.
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b) OF THIS  SUBDIVISION;  reck-
 less  assault  of  a  child as defined in section 120.02, assault in the
 second degree as defined in section 120.05, menacing a police officer or
 peace officer as defined  in  section  120.18,  stalking  in  the  first
 degree,  as  defined in subdivision one of section 120.60, strangulation
 in the second degree as defined in section 121.12, rape  in  the  second
 degree as defined in section 130.30, a crime formerly defined in section
 130.45,  sexual  abuse in the first degree as defined in section 130.65,
 course of sexual conduct against a child in the second degree as defined
 in section 130.80, aggravated  sexual  abuse  in  the  third  degree  as
 defined  in section 130.66, facilitating a sex offense with a controlled
 substance as defined in section 130.90, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
 S. 1923                             4

 possession of a weapon in the third degree  as  defined  in  subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a  victim  or witness in the second degree as defined in section 215.16,
 soliciting or providing support for an act of terrorism  in  the  second
 degree  as defined in section 490.10, and making a terroristic threat IN
 THE SECOND DEGREE as defined in section  490.20,  falsely  reporting  an
 incident  in  the  first  degree as defined in section 240.60, placing a
 false bomb or hazardous substance in the  first  degree  as  defined  in
 section  240.62, placing a false bomb or hazardous substance in a sports
 stadium or arena, mass transportation facility or enclosed shopping mall
 as defined in section 240.63, aggravated unpermitted use of indoor pyro-
 technics in the first degree as defined in section 405.18, and  criminal
 manufacture,  sale,  or  transport  of an undetectable firearm, rifle or
 shotgun as defined in section 265.50.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.