BILL NUMBER: S4813
SPONSOR: RYAN C
 
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:
2023-24: Referred to Codes.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4813: 240.79 penal law, 485.05 penal law, 485.05(3) penal law, 530.13 criminal procedure law, 530.13(1) criminal procedure law, 530.13(4) criminal procedure law