A 4153: Enhances the penalties for crimes committed during a riot.

  
  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 property, or any charge of criminal possession of a firearm as 25 defined in section 265.01-b of the penal law, provided, however, that 26 the prosecutor must show reasonable cause to believe that the defendant 27 committed the instant crime and any underlying crime. For the purposes 28 of this subparagraph, any of the underlying crimes need not be a quali- 29 fying offense as defined in this subdivision. For the purposes of this 30 paragraph, "harm to an identifiable person or property" shall include 31 but not be limited to theft of or damage to property. However, based 32 upon a review of the facts alleged in the accusatory instrument, if the 33 court determines that such theft is negligible and does not appear to be 34 in furtherance of other criminal activity, the principal shall be 35 released on [his or her] their own recognizance or under appropriate 36 non-monetary conditions; [or] 37 (u) criminal possession of a weapon in the third degree as defined in 38 subdivision three of section 265.02 of the penal law or criminal sale of 39 a firearm to a minor as defined in section 265.16 of the penal law[.]; 40 or 41 (v) riot in the second degree as defined in section 240.05 of the 42 penal law, riot in the first degree as defined in section 240.06 of the 43 penal law or inciting a riot as defined in section 240.08 of the penal 44 law. 45 § 7. This act shall take effect immediately.