New York A 4153: Relates to the promotion of New York state farm products for holiday celebrations

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A04153 Summary:

BILL NOA04153 

&nbsp

SAME ASSAME AS S05911

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SPONSORReilly

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COSPNSRNovakhov, Palmesano, DiPietro, Angelino, DeStefano, Chludzinski

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MLTSPNSRGiglio

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Amd §§240.06, 240.05, 240.08, 140.30 & 150.15, Pen L; amd §510.10, CP L

&nbsp

Enhances the penalties for crimes committed during a riot.

Go to top A04153 Actions:

BILL NOA04153 

&nbsp

01/31/2025referred to codes

01/07/2026referred to codes

Go to topA04153 Committee&nbspVotes:

Go to topA04153 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04153 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4153

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. REILLY -- read once and referred to the Committee
 on Codes

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to crimes committed during a riot

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The closing paragraph of section 240.06 of the penal law,
 2 as amended by chapter 294 of the laws of 2005, is amended to read as
 3 follows:
 4 Riot in the first degree is a class [E] D felony.
 5 § 2. The closing paragraph of section 240.05 of the penal law, as
 6 amended by chapter 791 of the laws of 1967, is amended to read as
 7 follows:
 8 Riot in the second degree is a class [A misdemeanor] E felony.
 9 § 3. The closing paragraph of section 240.08 of the penal law, as
 10 added by chapter 791 of the laws of 1967, is amended to read as follows:
 11 Inciting to riot is a class [A misdemeanor] E felony.
 12 § 4. Subdivision 4 of section 140.30 of the penal law, as amended by
 13 chapter 374 of the laws of 1973, is amended and a new subdivision 5 is
 14 added to read as follows:
 15 4. Displays what appears to be a pistol, revolver, rifle, shotgun,
 16 machine gun or other firearm; except that in any prosecution under this
 17 subdivision, it is an affirmative defense that such pistol, revolver,
 18 rifle, shotgun, machine gun or other firearm was not a loaded weapon
 19 from which a shot, readily capable of producing death or other serious
 20 physical injury, could be discharged. Nothing contained in this subdivi-
 21 sion shall constitute a defense to a prosecution for, or preclude a
 22 conviction of, burglary in the second degree, burglary in the third
 23 degree or any other crime[.]; or
 24 5. Is simultaneously engaged in conduct that is an offense defined in
 25 section 240.05, 240.06 or 240.08 of this part.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03371-01-5

 A. 4153 2

 1 § 5. The opening paragraph of section 150.15 of the penal law, as
 2 amended by chapter 225 of the laws of 1979, is amended to read as
 3 follows:
 4 A person is guilty of arson in the second degree when [he] they inten-
 5 tionally [damages] damage a building or motor vehicle by starting a
 6 fire, and
 7 1. when (a) another person who is not a participant in the crime is
 8 present in such building or motor vehicle at the time, and (b) the
 9 defendant knows that fact or the circumstances are such as to render the
 10 presence of such a person therein a reasonable possibility; or
 11 2. such person is simultaneously engaged in conduct that is an offense
 12 defined in section 240.05, 240.06 or 240.08 of this part.
 13 § 6. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 14 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 15 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 16 2022, are amended and a new paragraph (v) is added to read as follows:
 17 (t) any felony or class A misdemeanor involving harm to an identifi-
 18 able person or property, or any charge of criminal possession of a
 19 firearm as defined in section 265.01-b of the penal law, where such
 20 charge arose from conduct occurring while the defendant was released on
 21 [his or her] their own recognizance, released under conditions, or had
 22 yet to be arraigned after the issuance of a desk appearance ticket for a
 23 separate felony or class A misdemeanor involving harm to an identifiable
 24 person or