Skip to content
S3039Senate2013-2014 Session

Relates to robbery in the second degree

Sponsor John J. BonacicSD-42+3 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
John J. Bonacic

Senator · Senate District 42

Chair, JudiciaryChair, Racing, Gaming And Wagering

History

  1. Referred to codes
  2. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3039

Title of bill

An act to amend the penal law, in relation to robbery in the second degree

Purpose

To increase the penalties for committing robbery while threatening the use of a firearm or explosive device.

Summary of specific provisions

Section 1: Amends section 160.10 of the Penal Law to provide that a person is guilty of robbery in the second degree when he forcibly steals property and he, or another participant in the crime, orally or in writing communicates the threat of the use of a firearm or explosive device.

Section 2:Effective date.

Justification

In People v Grant, 17 N.Y.3d 613, the New York State Court of Appeals held that when a bank robber presents a note stating that they have a loaded gun and will shoot if the teller does not give them money, this alone only constitutes robbery in the third degree unless it can be proven that the robber was in actual possession of a weapon. This reduces what would otherwise be a B Felony to a D Felony. This legislation acknowledges the elevating factor of the oral or written threat of the use of a firearm or explosive device by amending robbery in the second degree, a class C Felony, to incorporate such a threat.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.