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Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Makes the act of menacing with a deadly weapon, dangerous instrument or firearm the class E felony of menacing in the first degree
In Assembly Committee · Codes · Sponsor Francine DelMonte
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to menacing committed with a deadly weapon, dangerous instrument or firearm
Purpose
Elevates the criminal offense of displaying a deadly weapon in order to intentionally place or attempt to place another person in reasonable fear of physical injury from menacing in the second degree to menacing in the first degree.
Summary of provisions
This bill would amend Section 120.13 of the penal law by adding a new subdivision 2 to provide that any person who intentionally places or attempts to place another in reasonable fear of physical injury by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm may be charged with menacing in the first degree which is a class E felony. It also amends Section 120.14 which relates to menacing in the second degree to remove the aforementioned provision.
However, if a person is defending oneself or one's property then they would not be considered to be in violation.
Justification
At present, the display of a firearm for the purposes of intentionally placing another person in fear for their life is only punishable by a class A misdemeanor. The use of a deadly weapon to threaten others, utilized for the purpose of conducting a robbery or within a domestic dispute, should carry a harsher penalty.
This legislation would increase the penalty for the offense of intentionally placing another person in reasonable fear by displaying a deadly weapon to a class E felony. Those who intentionally flaunt a deadly weapon and place great fear of physical injury or loss of life should be held accountable with more than a misdemeanor.
Legislative history
S.4702 of 1997/1998 Referred to Senate Codes committee S.4447 of 1999/2000 Referred to Senate Codes Committee S.1900/A.7151 of 2001/2002 Referred to Senate Codes Committee 2003/2004 A.1664A/S.562A Referred to Assembly/Senate Codes Committees 2005/2006 A.2046/S.1993 Referred to Assembly/Senate Codes Committees
Fiscal implications
None.
Effective date
The first of November next succeeding the date it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.