•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06716 Summary:

BILL NOA06716A
 
SAME ASSAME AS S00089-B
 
SPONSORWallace
 
COSPNSRGriffin, Thiele, Fahy, McDonald, Cusick, McMahon, O'Donnell, Simon, Jacobson, Burgos, Otis, Rosenthal L, Solages, Burdick, Carroll, Glick, Ramos, Cymbrowitz, Sillitti, Fernandez, Dinowitz, Lavine, Zebrowski, Abinanti, Galef, Peoples-Stokes, Bichotte Hermelyn, Darling, Meeks
 
MLTSPNSR
 
Add §§240.78 & 240.79, Pen L
 
Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm.
Go to top    

A06716 Actions:

BILL NOA06716A
 
03/26/2021referred to codes
01/05/2022referred to codes
05/30/2022amend and recommit to codes
05/30/2022print number 6716a
06/02/2022reported referred to rules
06/02/2022reported
06/02/2022rules report cal.608
06/02/2022substituted by s89b
 S00089 AMEND=B KAMINSKY
 01/06/2021REFERRED TO CODES
 01/05/2022REFERRED TO CODES
 05/29/2022AMEND AND RECOMMIT TO CODES
 05/29/2022PRINT NUMBER 89A
 05/30/2022AMEND AND RECOMMIT TO CODES
 05/30/2022PRINT NUMBER 89B
 06/02/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/02/2022ORDERED TO THIRD READING CAL.1845
 06/02/2022PASSED SENATE
 06/02/2022DELIVERED TO ASSEMBLY
 06/02/2022referred to codes
 06/02/2022substituted for a6716a
 06/02/2022ordered to third reading rules cal.608
 06/02/2022passed assembly
 06/02/2022returned to senate
 06/03/2022DELIVERED TO GOVERNOR
 06/06/2022SIGNED CHAP.206
Go to top

A06716 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6716AREVISE 6/1/22
 
SPONSOR: Wallace
  TITLE OF BILL: An act to amend the penal law, in relation to establishing the crimes of making a threat of mass harm and aggravated threat of mass harm   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to define the criteria of what constitutes a threat of mass harm and an aggravated threat of mass harm.   SUMMARY OF PROVISIONS: Section 1 amends the penal law by adding two new sections, section 240.78 and section 240.79: Section 240.78 defines the crime of making the threat of mass harm when an individual with the intent to intimidate a group of people or create public alarm makes a threat, or a threat to cause to commit, serious physical injury or death at a school, place of worship, business, government building, or any other place of assembly and said threat causes a reasonable expectation of serious physical injury or death or causes a lockdown or evacuation of the location. Such a threat cannot be defended to a prosecutor that the defendant did not have the intent or capability of committing the act. Section 240.79 defines the crime of making an aggravated threat of mass harm when an individual engages in the conduct described in section 240.78 and takes any action in furtherance of the commission of such crime. Overt acts which constitute the furtherance of the threat include making a plan to carry out said threat, making a list of targets, possession of any weap- on or device that can be used to carry out such threat, or other prepar- atory action. Section 2 is the effective date.   JUSTIFICATION: In 2015, Brian Hulsen was accused of making a terrorist threat against James Vernon Middle School, telling one teacher he would "shoot up the school like Columbine" the day he was fired. In People vs Hulsen, the District Court of Appeals dismissed New York State's case against Mr. Hulsen, citing the threat was not "imminent" because the school had no plan to fire him. At the time of his threat, Mr. Hulsen owned weapons capable of following through on his threat. More recently, numerous copycat threats were made following the mass shootings in Buffalo and Uvalde. Some were generalized threats of mass harm, while others were location specific, including at schools, and businesses, and caused public alarm and closures, but did not always have the imminency required by other charges. This legislation makes clear that such conduct is illegal regardless of whether the threat is imminent. Moreover, this legislation defines the overt actions which constitute the furtherance of the threat. The language addressing actions consti- tuting the furtherance of a threat will create a clear and comprehensive standard for imminence, and provides guidelines for the State when such imminence is present. Under this new legislation, when threats like the one by Mr. Hulsen are made, and there are clear warning signs of danger, the State will have the ability to protect its citizenry, including students at school, to the highest degree.   PRIOR LEGISLATIVE HISTORY: 2019-2020: A.4287 - Referred to Codes 2017-2018: A.10532 - Referred to Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A06716 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6716--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 26, 2021
                                       ___________
 
        Introduced by M. of A. WALLACE, GRIFFIN -- read once and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the penal law, in relation to establishing the crimes of
          making a threat of mass harm and aggravated threat of mass harm
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The penal law is amended by adding two new sections  240.78
     2  and 240.79 to read as follows:
     3  § 240.78 Making a threat of mass harm.
     4     1.   A person is guilty of making a threat of mass harm when with the
     5  intent to intimidate a group of people or to create public  alarm,  such
     6  person  threatens  to inflict or cause to be inflicted, serious physical
     7  injury or death at a school, place of  worship,  business,    government
     8  building,    or other place of assembly, and thereby causes a reasonable
     9  expectation or fear of  serious physical injury or death, or causes  the
    10  evacuation or lockdown of a school, place of worship, business,  govern-
    11  ment building, or other place of assembly.
    12    2.  It  shall  be no defense to a prosecution pursuant to this section
    13  that the defendant did not have the intent or capability  of  committing
    14  the conduct threatened.
    15    Making a threat of mass harm is a class B misdemeanor.
    16  § 240.79 Aggravated threat of mass harm.
    17     1.  A  person  is  guilty of aggravated threat of mass harm when such
    18  person engages in conduct as defined in section 240.78 of  this  article
    19  and  has  made  any  overt  act in furtherance of the commission of such
    20  crime.
    21    2. For purposes of this section, an overt act  may  include  making  a
    22  plan  to  carry out such threat, compiling a list of targets, possession
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00980-04-2

        A. 6716--A                          2
 
     1  of any weapon or device that can be used to carry out  such  threat,  or
     2  other preparatory action.
     3    Aggravated threat of mass harm is a class A misdemeanor.
     4    § 2. This act shall take effect immediately.
Go to top