What's happening
The bill expands false reporting laws to include threats of intentional acts causing serious harm to ten or more people on school grounds.
Why it matters
Broadens the scope of false reporting. By including threats of "intentional acts or continuing courses of action" that could cause serious harm to ten or more people, the law now covers more than just false reports of fires, explosions, or hazardous substances—addressing modern threats like mass violence or shootings.
Targets school safety concerns. The amendment specifically applies to school grounds, reflecting increased concern over school-related threats and aiming to deter false alarms that cause panic and disrupt educational environments.
Raises potential legal consequences for hoaxes. Expanding the law means individuals who make false reports about possible mass harm (not just traditional emergencies) can face prosecution, potentially reducing the number of disruptive or threatening hoaxes.
Recognizes evolving threat landscapes. By updating the law, the state acknowledges that threats against schools now often involve scenarios beyond traditional emergencies, aiming to ensure legal tools keep pace with current risks.
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Who cares
Headline styles
Targeted Harm to Groups Criminalized
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
708
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. GALLIVAN, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to an intentional act or continuing course of action that would cause serious physical harm to ten or more people
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 240.60 of the penal law, as added by chapter 561 of the laws of 1999, is amended to read as follows:
5. Knowing the information reported, conveyed or circulated to be false or baseless and under circumstances in which it is likely public alarm or inconvenience will result, he or she initiates or circulates a report or warning of an alleged occurrence or an impending occurrence of a fire, an explosion, [or] the release of a hazardous substance, or an intentional act or continuing course of action that would cause serious physical harm to ten or more people, upon school grounds and it is likely that persons are present on said grounds.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02741-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to an intentional act or continuing course of action that would cause serious physical harm to ten or more people
Purpose
This bill would expand the provisions of Article 240 of the Penal Law to make all threats of mass violence against a school a felony.
Summary of provisions
Section 1 amends subdivision 5 of section 240.60 of Article 240 of the Penal Law to include all threats of intentional acts or continuing course of actions that would cause serious physical harm to ten or more people upon school grounds in the definition of falsely reporting an incident in the first degree, a class D felony.
Section 2 establishes the effective date.
Justification
Under current law, if an individual threatens a fire, explosion or release of a hazardous substance on school grounds, he or she is guilty of a class D felony of falsely reporting an incident in the first degree.
However, in the years that have passed since the enactment of the current law, the nature of the threats facing schools have changed. Any threat of mass violence against a school, regardless of the implement threatened to be used, creates immense fear for both students and staff, disrupts the learning process, and ultimately dilutes the response if an actual incident were to occur.
In one such instance, a community in central New York, Walton (in Dela- ware County), has been the victim of repeated threats. Starting in Janu- ary 2013, just after the tragic events in Newtown, CT, an individual made a series of threat using social media. These threats, which required police presence and cancellation of school events, were explic- it, and were accompanied by photos of dead children. Due to their under- standable fear, parents kept their children home while the investigation proceeded.
When the perpetrator (an adult woman in the community) was apprehended, she was charged with misdemeanor harassment. The school was informed that this type of threat did not legally rise to the same level as a bomb threat and this was all that could be done.
After the perpetrator was convicted and subsequently released, the threats resumed in May. The end of the year was terrifying for parents, students, faculty and staff. Recess was moved indoors, activities cancelled, and schools were put on lockdown. Eventually the same perpe- trator was rearrested and reconvicted. Again, the charge was misdemeanor harassment. Again, she was released with the same explanation that she had not made a threat with a bomb or similar device and therefore the crime did not rise to the level of a felony. This story represents the experience of a single district, yet it highlights an inadequacy in the current law. If a school is threatened with mass violence, the implement threatened to be used should not mitigate the crime; the charge should be commensurate with the devastating harm such threats have on a commu- nity.
Legislative history
2017-18: S.2521/A.7848 Passed Senate/Referred to Codes 2015-16: S.430-A/A.2800-A Passed Senate/Referred to Codes 2013-14: S.7931/A.9784-A Referred to Rules/Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.