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A09157 Summary:

BILL NOA09157
 
SAME ASSAME AS S01715
 
SPONSORLawler
 
COSPNSRBrabenec
 
MLTSPNSR
 
Add §490.21, Pen L
 
Establishes the crime of making a terroristic threat against a police officer; makes such crime a class C felony.
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A09157 Actions:

BILL NOA09157
 
01/31/2022referred to codes
05/03/2022held for consideration in codes
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A09157 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9157
 
SPONSOR: Lawler
  TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of making a terroristic threat against a police officer   PURPOSE OR GENERAL IDEA OF BILL: This bill would establish the crime of making a terroristic threat against a police officer.   SUMMARY OF PROVISIONS: Section 1 amends the penal law to create a new section establishing the crime of making a terroristic threat against a police officer. Making a terroristic threat against a police officer is a class C felony. Section 2 states this act shall take effect on the first of November next succeeding the date on which it shall have become a law.   JUSTIFICATION: Under current law, making a terroristic threat against any individual is a class D felony. This bill uses identical language from that section of the penal law to create a heightened punishment, a class C felony, if the victim of the terroristic threat is a police officer. Police offi- cers are frequent targets of these threats, and in order to adequately deter that activity, a heightened punishment for making a terroristic threat against a police officer is necessary.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: Shall take effect immediately.
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A09157 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9157
 
                   IN ASSEMBLY
 
                                    January 31, 2022
                                       ___________
 
        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on Codes
 
        AN  ACT to amend the penal law, in relation to establishing the crime of
          making a terroristic threat against a police officer
 
          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 a new section 490.21 to
     2  read as follows:
     3  § 490.21 Making a terroristic threat against a police officer.
     4    1. A person is guilty of making a terroristic threat against a  police
     5  officer  when with intent to intimidate or coerce a civilian population,
     6  influence the policy of a unit of government by  intimidation  or  coer-
     7  cion,  or affect the conduct of a unit of government by murder, assassi-
     8  nation or kidnapping, he or she threatens  to  commit  or  cause  to  be
     9  committed a specified offense against a police officer and thereby caus-
    10  es  a  reasonable expectation or fear of the imminent commission of such
    11  offense against a police officer.
    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 specified offense or that the threat was not made to  a  person  who
    15  was a subject thereof.
    16    Making  a  terroristic  threat  against  a police officer is a class C
    17  felony.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04079-01-1
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