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Sponsors
Senator · Senate District 42
History
- Referred to codes
- 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.