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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8283
SPONSOR: Barclay
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that persons who commit hate crimes or make terroristic
threats or threats of mass harm are held accountable for their actions
by restoring judicial discretion to judges when making pre-trial release
decisions, allowing threats of mass harm to be treated as hate crimes,
and providing enhanced penalties for these offenses to make the punish-
ment proportional to the crime.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends paragraphs (g), (m), (t), and (u) of subdivision 4 of
§ 510.10 of the Criminal Procedure Law - Securing Order; When Required;
Alternatives Available; Standard to be Applied - to add the following
crimes to the list of qualifying offenses making them eligible for bail:
Aggravated Threat of Mass Harm as defined in
§ 240.79; Making a Threat of Mass Harm as defined in § 240.78 and Aggra-
vated Harassment in the First Degree as defined in § 240.31 of the Penal
Law. Makes the following crimes qualifying offenses when charged as a
hate crime pursuant to § 485.05 of the Penal Law: Aggravated Harassment
in the Second Degree as defined in 240.30; Harassment in the First
Degree as defined in § 240.25 and Menacing in the Third, Second and
First Degree as defined in § 120.15, § 120.14, and § 120.13 of the Penal
Law.
Section 2. Amends subparagraphs (vii), (xiii) (xx) and (xxi) of para-
graph (b) of subdivision 1 of § 530.20 of the Criminal Procedure Law -
Securing Order by Local Court when Action is Pending Therein - to add
the following crimes to the list of qualifying offenses making them
eligible for bail: Aggravated Threat of Mass Harm as defined in
§ 240.79; Making a Threat of Mass Harm as defined in § 240.78 and Aggra-
vated Harassment in the First Degree as defined in § 240.31 of the Penal
Law. Makes the following crimes qualifying offenses when charged as a
hate crime pursuant to § 485.00 of the Penal Law: Aggravated Harassment
in the Second Degree as defined in 240.30; Harassment in the First
Degree as defined in § 240.25 and Menacing in the Third, Second and
First Degree as defined in § 120.15, § 120.14, and § 120.13 of the Penal
Law.
Section 3. Amends paragraphs (g), (m), (t), and (u) of subdivision 4 of
§ 530.40 of the Criminal Procedure Law - Order of Recognizance, Release
Under Non-Monetary Conditions or Bail; by Superior Court When Action is
Pending Therein - to add the following crimes to the list of qualifying
offenses making them eligible for bail: Aggravated Threat of Mass Harm
as defined in § 240.79; Making a Threat of Mass Harm as defined in §
240.78 and Aggravated Harassment in the First Degree as defined in §
240.31 of the Penal Law. Makes the following crimes qualifying offenses
when charged as a hate crime pursuant to § 485.00 of the Penal Law:
Aggravated Harassment in the Second Degree as defined in 240.30; Harass-
ment in the First Degree as defined in § 240.25 and Menacing in the
Third, Second and First Degree as defined in § 120.15, § 120.14, and §
120.13 of the Penal Law.
Section 4. Amends subparagraph (xi) of paragraph (b) of subdivision 1 of
§ 150.20 of the Criminal Procedure Law to authorize a. police officer to
arrest an individual charged with the crime of Making a Threat of Mass
Harm or Aggravated Threat of Mass Harm, in lieu of issuing an appearance
ticket.
Section 5. Amends subdivision 3 of § 485.05 of the Penal Law to add
Making a .Threat of Mass Harm and Aggravated Threat of Mass Harm to the
list of specified offenses that allow such offense to be charged as a
hate crime.
Section 6. Amends § 240.78 of the Penal Law to increase the penalty for
the crime of Making a Threat of Mass Harm from a class B to a class
Section 7. Amends § 240.79 of the Penal Law to increase the penalty for
the crime of Aggravated Threat of Mass Harm from a class A misdemeanor
to a class E felony.
Section 8. Effective Date.
 
JUSTIFICATION:
Recent reports (1)(2)(3)(4) about dangerous individuals arrested for
committing hate crimes or making terroristic threats or threats of mass
harm being immediately released back into their communities are stark
reminders of how bail reform and other recent so-called criminal justice
reforms that focus on leniency over accountability have furthered the
deterioration of public safety in New York State.
The disturbing rise in antisemitism occurring across the State and espe-
cially on our college campuses, including the recent Cornell University
incident where student Patrick Dai made online threats to kill and rape
Jewish students, is yet another example of the urgent need to fix these
failed laws. Fortunately, Dai was arrested on federal charges and held
without bond. Had he been arrested on State charges, he could very well
have been released without bail to continue to terrorize the community.
Under current law, while specified menacing and harassment crimes may be
charged as hate crimes, they are not bail-eligible, which requires judg-
es to release persons charged with these crimes, pre-trial. This bill
makes Harassment in the First Degree, Aggravated Harassment in the First
Degree and Menacing in the First, Second and Third Degrees qualifying
offenses when charged as hate crimes, giving judges the discretion to
set bail, pretrial.
A 2022 law created the crimes of Making a Threat of Mass Harm and Aggra-
vated Threat of Mass Harm as class B and class A misdemeanors, respec-
tively. Under current law, neither crime may be punishable as a hate
crime nor is a qualifying offense under bail reform. Persons are charged
with these crimes when, with intent to intimidate a group of people or
to create public alarm, they threaten to inflict, or cause to be
inflicted, serious physical injury or death at a school, place of
worship, business, government building, or other place of assembly, and
thereby instill a reasonable expectation or fear of serious physical
injury or death, or cause evacuation or lockdown. An element of the
class A misdemeanor crime consists of making an overt act in furtherance
of committing the crime, which can include making a plan to carry out
such threat, compiling a list of targets, possessing any weapon or
device that can be used to carry out such threat, or engaging in other
preparatory action.
At a recent Assembly Republican School Safety and Security Task Force
forum, Saratoga County Sheriff Captain Daniel P. Morley testified that
these statutes are effectively worthless in terms of both deterrence and
punishment when combined with bail reform and the Raise the Age laws. He
pointed out how the class B misdemeanor crime of Making a Threat of Mass
Harm is a lesser offense than stealing a pack of gum. He added that the
manhours necessary to investigate these offenses and the resulting
public panic are not even remotely proportional to the penalties for
violating these laws. This bill increases the penalties for the crimes
of Making a Threat of Mass Harm and Aggravated Threat of Mass Harm by
one penalty level; makes these crimes punishable as hate crimes that
provide for enhanced penalties; and deems them "qualifying offenses"
under the bail reform law, regardless of whether or not they are charged
as hate crimes. Conflicting statutes in State law have created much
confusion as to whether or not the crime of Making a Terroristic Threat,
a class D violent felony is a qualifying offense under the State's bail
reform law. This bill clarifies that Making a Terroristic Threat is a
qualifying offense, thereby giving judges the authority to set bail or
remand a person charged with this unspeakable crime.
New York State's criminal justice reforms continue to strip away the
ability of the criminal justice system to provide any real deterrence or
consequences for individuals who commit or threaten to commit dangerous
crimes. This legislation is intended to send an absolute and clear
message that those who commit, or threaten to commit, hateful, despica-
ble acts will not be tolerated and will be held accountable.
 
PRIOR LEGISLATIVE HISTORY:
2023 - New Bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
(1) https://cnvcentral.com/news/local/man-who-threatened- manlius-tops-
skips-court-friday-officer-reveals-suspects-mindset
(2) https://www.wkbw.cominews/local-news/former-cattaraugus- county-man-
pleads-guilty-to-hate-crime-in-connection-to-
incident-on-hertel-in-aueust-2020
(3) https://www.cnvhomepage.com/news/local/local-crime/man-charged-
with-threat-of-mass-harm-released-on-nys-bail-reform-laws/
(4) https://cnycentral.cominews/local/suspect-who-threatened- tops-mass-
shooting-wrote-about-kkk-and-a-mass-murder-online
STATE OF NEW YORK
________________________________________________________________________
8283
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Paragraphs (g), (m), (t), and (u) of subdivision 4 of
2 section 510.10 of the criminal procedure law, paragraph (g) as amended
3 and paragraph (m) as added by section 2 of part UU of chapter 56 of the
4 laws of 2020 and paragraph (t) as amended and paragraph (u) as added by
5 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
6 amended and a new paragraph (v) is added to read as follows:
7 (g) money laundering in support of terrorism in the first degree as
8 defined in section 470.24 of the penal law; money laundering in support
9 of terrorism in the second degree as defined in section 470.23 of the
10 penal law; money laundering in support of terrorism in the third degree
11 as defined in section 470.22 of the penal law; money laundering in
12 support of terrorism in the fourth degree as defined in section 470.21
13 of the penal law; [or] a felony crime of terrorism as defined in article
14 four hundred ninety of the penal law[, other than the crime defined in
15 section 490.20 of such law]; aggravated threat of mass harm as defined
16 in section 240.79 of the penal law; or making a threat of mass harm as
17 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
1 (m) assault in the third degree as defined in section 120.00 of the
2 penal law [or]; arson in the third degree as defined in section 150.10
3 of the penal law[,]; aggravated harassment in the second degree as
4 defined in section 240.30; harassment in the first degree as defined in
5 section 240.25; menacing in the third degree as defined in section
6 120.15; menacing in the second degree as defined in section 120.14; or
7 menacing in the first degree as defined in section 120.13, when any such
8 crime is charged as a hate crime as defined in section 485.05 of the
9 penal law;
10 (t) any felony or class A misdemeanor involving harm to an identifi-
11 able person or property, or any charge of criminal possession of a
12 firearm as defined in section 265.01-b of the penal law, where such
13 charge arose from conduct occurring while the defendant was released on
14 his or her own recognizance, released under conditions, or had yet to be
15 arraigned after the issuance of a desk appearance ticket for a separate
16 felony or class A misdemeanor involving harm to an identifiable person
17 or property, or any charge of criminal possession of a firearm as
18 defined in section 265.01-b of the penal law, provided, however, that
19 the prosecutor must show reasonable cause to believe that the defendant
20 committed the instant crime and any underlying crime. For the purposes
21 of this subparagraph, any of the underlying crimes need not be a quali-
22 fying offense as defined in this subdivision. For the purposes of this
23 paragraph, "harm to an identifiable person or property" shall include
24 but not be limited to theft of or damage to property. However, based
25 upon a review of the facts alleged in the accusatory instrument, if the
26 court determines that such theft is negligible and does not appear to be
27 in furtherance of other criminal activity, the principal shall be
28 released on his or her own recognizance or under appropriate non-mone-
29 tary conditions; [or]
30 (u) criminal possession of a weapon in the third degree as defined in
31 subdivision three of section 265.02 of the penal law or criminal sale of
32 a firearm to a minor as defined in section 265.16 of the penal law[.];
33 or
34 (v) aggravated harassment in the first degree as defined in section
35 240.31 of the penal law.
36 § 2. Subparagraphs (vii), (xiii), (xx), and (xxi) of paragraph (b) of
37 subdivision 1 of section 530.20 of the criminal procedure law, subpara-
38 graphs (vii) and (xiii) as amended by section 3 of part UU of chapter 56
39 of the laws of 2020 and subparagraph (xx) as amended and subparagraph
40 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
41 laws of 2022, are amended and a new subparagraph (xxii) is added to read
42 as follows:
43 (vii) money laundering in support of terrorism in the first degree as
44 defined in section 470.24 of the penal law; money laundering in support
45 of terrorism in the second degree as defined in section 470.23 of the
46 penal law; money laundering in support of terrorism in the third degree
47 as defined in section 470.22 of the penal law; money laundering in
48 support of terrorism in the fourth degree as defined in section 470.21
49 of the penal law; [or] a felony crime of terrorism as defined in article
50 four hundred ninety of the penal law[, other than the crime defined in
51 section 490.20 of such law]; aggravated threat of mass harm as defined
52 in section 240.79 of the penal law; or making a threat of mass harm as
53 defined in section 240.78 of the penal law;
54 (xiii) assault in the third degree as defined in section 120.00 of the
55 penal law [or]; arson in the third degree as defined in section 150.10
56 of the penal law; aggravated harassment in the second degree as defined
A. 8283 3
1 in section 240.30; harassment in the first degree as defined in section
2 240.25; menacing in the third degree as defined in section 120.15;
3 menacing in the second degree as defined in section 120.14; or menacing
4 in the first degree as defined in section 120.13, when any such crime is
5 charged as a hate crime as defined in section 485.05 of the penal law;
6 (xx) any felony or class A misdemeanor involving harm to an identifi-
7 able person or property, or any charge of criminal possession of a
8 firearm as defined in section 265.01-b of the penal law where such
9 charge arose from conduct occurring while the defendant was released on
10 his or her own recognizance, released under conditions, or had yet to be
11 arraigned after the issuance of a desk appearance ticket for a separate
12 felony or class A misdemeanor involving harm to an identifiable person
13 or property, provided, however, that the prosecutor must show reasonable
14 cause to believe that the defendant committed the instant crime and any
15 underlying crime. For the purposes of this subparagraph, any of the
16 underlying crimes need not be a qualifying offense as defined in this
17 subdivision. For the purposes of this paragraph, "harm to an identifi-
18 able person or property" shall include but not be limited to theft of or
19 damage to property. However, based upon a review of the facts alleged in
20 the accusatory instrument, if the court determines that such theft is
21 negligible and does not appear to be in furtherance of other criminal
22 activity, the principal shall be released on his or her own recognizance
23 or under appropriate non-monetary conditions; [or]
24 (xxi) criminal possession of a weapon in the third degree as defined
25 in subdivision three of section 265.02 of the penal law or criminal sale
26 of a firearm to a minor as defined in section 265.16 of the penal
27 law[.]; or
28 (xxii) aggravated harassment in the first degree as defined in section
29 240.31 of the penal law.
30 § 3. Paragraphs (g), (m), (t), and (u) of subdivision 4 of section
31 530.40 of the criminal procedure law, paragraph (g) as amended and para-
32 graph (m) as added by section 4 of part UU of chapter 56 of the laws of
33 2020 and paragraph (t) as amended and paragraph (u) as added by section
34 4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
35 and a new paragraph (v) is added to read as follows:
36 (g) money laundering in support of terrorism in the first degree as
37 defined in section 470.24 of the penal law; money laundering in support
38 of terrorism in the second degree as defined in section 470.23 of the
39 penal law; money laundering in support of terrorism in the third degree
40 as defined in section 470.22 of the penal law; money laundering in
41 support of terrorism in the fourth degree as defined in section 470.21
42 of the penal law; [or] a felony crime of terrorism as defined in article
43 four hundred ninety of the penal law[, other than the crime defined in
44 section 490.20 of such law]; aggravated threat of mass harm as defined
45 in section 240.79 of the penal law; or making a threat of mass harm as
46 defined in section 240.78 of the penal law;
47 (m) assault in the third degree as defined in section 120.00 of the
48 penal law or arson in the third degree as defined in section 150.10 of
49 the penal law; aggravated harassment in the second degree as defined in
50 section 240.30; harassment in the first degree as defined in section
51 240.25; menacing in the third degree as defined in section 120.15;
52 menacing in the second degree as defined in section 120.14; or menacing
53 in the first degree as defined in section 120.13, when any such crime is
54 charged as a hate crime as defined in section 485.05 of the penal law;
55 (t) any felony or class A misdemeanor involving harm to an identifi-
56 able person or property, or any charge of criminal possession of a
A. 8283 4
1 firearm as defined in section 265.01-b of the penal law, where such
2 charge arose from conduct occurring while the defendant was released on
3 his or her own recognizance, released under conditions, or had yet to be
4 arraigned after the issuance of a desk appearance ticket for a separate
5 felony or class A misdemeanor involving harm to an identifiable person
6 or property, or any charge of criminal possession of a firearm as
7 defined in section 265.01-b of the penal law, provided, however, that
8 the prosecutor must show reasonable cause to believe that the defendant
9 committed the instant crime and any underlying crime. For the purposes
10 of this subparagraph, any of the underlying crimes need not be a quali-
11 fying offense as defined in this subdivision. For the purposes of this
12 paragraph, "harm to an identifiable person or property" shall include
13 but not be limited to theft of or damage to property. However, based
14 upon a review of the facts alleged in the accusatory instrument, if the
15 court determines that such theft is negligible and does not appear to be
16 in furtherance of other criminal activity, the principal shall be
17 released on his or her own recognizance or under appropriate non-mone-
18 tary conditions; [or]
19 (u) criminal possession of a weapon in the third degree as defined in
20 subdivision three of section 265.02 of the penal law or criminal sale of
21 a firearm to a minor as defined in section 265.16 of the penal law[.];
22 or
23 (v) aggravated harassment in the first degree as defined in section
24 240.31 of the penal law.
25 § 4. Subparagraph (xi) of paragraph (b) of subdivision 1 of section
26 150.20 of the criminal procedure law, as added by section 1 of subpart B
27 of part UU of chapter 56 of the laws of 2022, is amended to read as
28 follows:
29 (xi) the offense is a qualifying offense pursuant to paragraph (g) or
30 (t) of subdivision four of section 510.10 of this chapter, or pursuant
31 to paragraph (g) or (t) of subdivision four of section 530.40 of this
32 chapter.
33 § 5. Subdivision 3 of section 485.05 of the penal law, as amended by
34 section 3 of part R of chapter 55 of the laws of 2020, is amended to
35 read as follows:
36 3. A "specified offense" is an offense defined by any of the following
37 provisions of this chapter: section 120.00 (assault in the third
38 degree); section 120.05 (assault in the second degree); section 120.10
39 (assault in the first degree); section 120.12 (aggravated assault upon a
40 person less than eleven years old); section 120.13 (menacing in the
41 first degree); section 120.14 (menacing in the second degree); section
42 120.15 (menacing in the third degree); section 120.20 (reckless endan-
43 germent in the second degree); section 120.25 (reckless endangerment in
44 the first degree); section 121.12 (strangulation in the second degree);
45 section 121.13 (strangulation in the first degree); subdivision one of
46 section 125.15 (manslaughter in the second degree); subdivision one, two
47 or four of section 125.20 (manslaughter in the first degree); section
48 125.25 (murder in the second degree); section 120.45 (stalking in the
49 fourth degree); section 120.50 (stalking in the third degree); section
50 120.55 (stalking in the second degree); section 120.60 (stalking in the
51 first degree); subdivision one of section 130.35 (rape in the first
52 degree); subdivision one of section 130.50 (criminal sexual act in the
53 first degree); subdivision one of section 130.65 (sexual abuse in the
54 first degree); paragraph (a) of subdivision one of section 130.67
55 (aggravated sexual abuse in the second degree); paragraph (a) of subdi-
56 vision one of section 130.70 (aggravated sexual abuse in the first
A. 8283 5
1 degree); section 135.05 (unlawful imprisonment in the second degree);
2 section 135.10 (unlawful imprisonment in the first degree); section
3 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
4 the first degree); section 135.60 (coercion in the third degree);
5 section 135.61 (coercion in the second degree); section 135.65 (coercion
6 in the first degree); section 140.10 (criminal trespass in the third
7 degree); section 140.15 (criminal trespass in the second degree);
8 section 140.17 (criminal trespass in the first degree); section 140.20
9 (burglary in the third degree); section 140.25 (burglary in the second
10 degree); section 140.30 (burglary in the first degree); section 145.00
11 (criminal mischief in the fourth degree); section 145.05 (criminal
12 mischief in the third degree); section 145.10 (criminal mischief in the
13 second degree); section 145.12 (criminal mischief in the first degree);
14 section 150.05 (arson in the fourth degree); section 150.10 (arson in
15 the third degree); section 150.15 (arson in the second degree); section
16 150.20 (arson in the first degree); section 155.25 (petit larceny);
17 section 155.30 (grand larceny in the fourth degree); section 155.35
18 (grand larceny in the third degree); section 155.40 (grand larceny in
19 the second degree); section 155.42 (grand larceny in the first degree);
20 section 160.05 (robbery in the third degree); section 160.10 (robbery in
21 the second degree); section 160.15 (robbery in the first degree);
22 section 240.25 (harassment in the first degree); subdivision one, two or
23 four of section 240.30 (aggravated harassment in the second degree);
24 section 490.10 (soliciting or providing support for an act of terrorism
25 in the second degree); section 490.15 (soliciting or providing support
26 for an act of terrorism in the first degree); section 490.20 (making a
27 terroristic threat); section 490.25 (crime of terrorism); section 490.30
28 (hindering prosecution of terrorism in the second degree); section
29 490.35 (hindering prosecution of terrorism in the first degree); section
30 490.37 (criminal possession of a chemical weapon or biological weapon in
31 the third degree); section 490.40 (criminal possession of a chemical
32 weapon or biological weapon in the second degree); section 490.45 (crim-
33 inal possession of a chemical weapon or biological weapon in the first
34 degree); section 490.47 (criminal use of a chemical weapon or biological
35 weapon in the third degree); section 490.50 (criminal use of a chemical
36 weapon or biological weapon in the second degree); section 490.55 (crim-
37 inal use of a chemical weapon or biological weapon in the first degree);
38 section 240.78 (making a threat of mass harm); section 240.79 (aggra-
39 vated threat of mass harm); or any attempt or conspiracy to commit any
40 of the foregoing offenses.
41 § 6. The closing paragraph of section 240.78 of the penal law, as
42 added by chapter 206 of the laws of 2022, is amended to read as follows:
43 Making a threat of mass harm is a class [B] A misdemeanor.
44 § 7. The closing paragraph of section 240.79 of the penal law, as
45 added by chapter 206 of the laws of 2022, is amended to read as follows:
46 Aggravated threat of mass harm is a class [A misdemeanor] E felony.
47 § 8. This act shall take effect on the thirtieth day after it shall
48 have become a law.