STATE OF NEW YORK
        ________________________________________________________________________

                                          1923

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 14, 2025
                                       ___________

        Introduced  by Sens. WEBER, OBERACKER -- 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  prohibiting  falsely
          reporting an incident and/or making a terroristic threat which include
          claims  of  a  deadly weapon or dangerous instrument being involved or
          which threaten a school or place of worship

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

     1    Section  1. Section 240.55 of the penal law, as amended by chapter 477
     2  of the laws of 1989, subdivisions 1 and 2 as amended by chapter  561  of
     3  the  laws  of 1999, subdivision 3 as added by chapter 301 of the laws of
     4  2001 and as renumbered by chapter 302 of the laws of 2001, and the clos-
     5  ing paragraph as amended by chapter 301 of the laws of 2001, is  amended
     6  to read as follows:
     7  § 240.55 Falsely reporting an incident in the second degree.
     8    A  person  is  guilty  of  falsely reporting an incident in the second
     9  degree when, knowing the information reported, conveyed or circulated to
    10  be false or baseless, [he or she] such person:
    11    1. Initiates or circulates a false report or  warning  of  an  alleged
    12  occurrence  or  impending  occurrence  of  a fire, explosion, the use or
    13  possession of a deadly weapon or dangerous instrument by an  individual,
    14  or  the release of a hazardous substance under circumstances in which it
    15  is not unlikely that public alarm or inconvenience will result;
    16    2. Reports, by word or action, to any official or quasi-official agen-
    17  cy or organization having  the  function  of  dealing  with  emergencies
    18  involving danger to life or property, an alleged occurrence or impending
    19  occurrence of a fire, explosion, the use or possession of a deadly weap-
    20  on  or  dangerous  instrument  by  an  individual or individuals, or the
    21  release of a hazardous substance which did not in fact occur or does not
    22  in fact exist; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03498-01-5

        S. 1923                             2

     1    3. Knowing the information reported,  conveyed  or  circulated  to  be
     2  false  or  baseless and under circumstances in which it is likely public
     3  alarm or inconvenience will result, [he or she] such person initiates or
     4  circulates a report or warning of an alleged occurrence or an  impending
     5  occurrence  of  a  fire, an explosion, the use or possession of a deadly
     6  weapon or dangerous instrument by an individual or individuals,  or  the
     7  release of a hazardous substance upon any private premises.
     8    Falsely  reporting an incident in the second degree is a class E felo-
     9  ny.
    10    § 2. The penal law is amended by adding a new section 240.60-a to read
    11  as follows:
    12  § 240.60-a Falsely reporting  an  incident  at  a  school  or  place  of
    13               worship.
    14    1.  A person is guilty of falsely reporting an incident at a school or
    15  place of worship when such person,  knowing  the  information  reported,
    16  conveyed  or  circulated to be false or baseless and under circumstances
    17  in which it is likely public alarm or inconvenience  will  result,  such
    18  person  initiates or circulates a report or warning of an alleged occur-
    19  rence  or  impending  occurrence  of  a  fire,  explosion,  the  use  or
    20  possession  of  a deadly weapon or dangerous instrument by an individual
    21  or individuals in or upon school or a place of worship.
    22    2. For the purposes of this section, the term  "school"  includes  any
    23  building  or  grounds, owned or leased, of any educational institutions,
    24  colleges and  universities,  licensed  private  career  schools,  school
    25  districts,  public  schools,  private schools licensed under article one
    26  hundred one of the education law, charter schools,  non-public  schools,
    27  board   of   cooperative  educational  services,  special  act  schools,
    28  preschool special education programs, private residential  or  non-resi-
    29  dential schools for the education of students with disabilities, and any
    30  state-operated or state-supported schools.
    31    Falsely  reporting  an  incident  at a school or place of worship is a
    32  class C felony.
    33    § 3. Section 490.20 of the penal law, as added by chapter 300  of  the
    34  laws of 2001, is amended to read as follows:
    35  § 490.20 Making a terroristic threat in the second degree.
    36    1.  A  person  is  guilty of making a terroristic threat in the second
    37  degree when with intent to intimidate or coerce a  civilian  population,
    38  influence  the  policy  of a unit of government by intimidation or coer-
    39  cion, or affect the conduct of a unit of government by murder,  assassi-
    40  nation  or  kidnapping,  [he  or she] such person threatens to commit or
    41  cause to be committed a specified offense and thereby causes  a  reason-
    42  able expectation or fear of the imminent commission of such offense.
    43    2.  It  shall  be no defense to a prosecution pursuant to this section
    44  that the defendant did not have the intent or capability  of  committing
    45  the  specified  offense  or that the threat was not made to a person who
    46  was a subject thereof.
    47    Making a terroristic threat in the second degree is a class D felony.
    48    § 4. The penal law is amended by adding a new section 490.22  to  read
    49  as follows:
    50  § 490.22 Making a terroristic threat in the first degree.
    51    1.  A  person  is  guilty  of making a terroristic threat in the first
    52  degree when with intent to  intimidate,  coerce,  threaten  or  alarm  a
    53  civilian  population,  such  person  threatens  to commit or cause to be
    54  committed a specified offense upon school grounds or a place of worship,
    55  and thereby causes a reasonable expectation  or  fear  of  the  imminent
    56  commission of such offense.

        S. 1923                             3

     1    2.  For  the  purposes of this section, the term "school" includes any
     2  building or grounds, owned or leased, of any  educational  institutions,
     3  colleges  and  universities,  licensed  private  career  schools, school
     4  districts, public schools, private schools licensed  under  article  one
     5  hundred  one  of the education law, charter schools, non-public schools,
     6  board  of  cooperative  educational  services,  special   act   schools,
     7  preschool  special  education programs, private residential or non-resi-
     8  dential schools for the education of students with disabilities, and any
     9  state-operated or state-supported schools.
    10    3. It shall be no defense to a prosecution pursuant  to  this  section
    11  that  the  defendant did not have the intent or capability of committing
    12  the specified offense.
    13    Making a terroristic threat in the first degree is a class C felony.
    14    § 5. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
    15  penal  law,  paragraph  (b) as amended by chapter 94 of the laws of 2020
    16  and paragraph (c) as amended by chapter 23 of  the  laws  of  2024,  are
    17  amended to read as follows:
    18    (b)  Class  C violent felony offenses: an attempt to commit any of the
    19  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    20  vated criminally negligent homicide as defined in section 125.11, aggra-
    21  vated  manslaughter  in  the second degree as defined in section 125.21,
    22  aggravated sexual abuse in the  second  degree  as  defined  in  section
    23  130.67, assault on a peace officer, police officer, firefighter or emer-
    24  gency  medical  services  professional  as  defined  in  section 120.08,
    25  assault on a judge as defined in section 120.09,  gang  assault  in  the
    26  second  degree  as defined in section 120.06, strangulation in the first
    27  degree as defined in section 121.13, aggravated strangulation as defined
    28  in section 121.13-a, burglary in the second degree as defined in section
    29  140.25, robbery in the second  degree  as  defined  in  section  160.10,
    30  falsely reporting an incident at a school or place of worship as defined
    31  in  section  240.60-a,  criminal  possession  of  a weapon in the second
    32  degree as defined in section 265.03, criminal use of a  firearm  in  the
    33  second  degree  as defined in section 265.08, criminal sale of a firearm
    34  in the second degree as defined in section 265.12, criminal  sale  of  a
    35  firearm with the aid of a minor as defined in section 265.14, aggravated
    36  criminal possession of a weapon as defined in section 265.19, soliciting
    37  or  providing  support  for  an  act of terrorism in the first degree as
    38  defined in section 490.15, making a  terroristic  threat  in  the  first
    39  degree  as defined in section 490.22, hindering prosecution of terrorism
    40  in the  second  degree  as  defined  in  section  490.30,  and  criminal
    41  possession of a chemical weapon or biological weapon in the third degree
    42  as defined in section 490.37.
    43    (c)  Class  D violent felony offenses: an attempt to commit any of the
    44  class C felonies set forth in paragraph (b) of this  subdivision;  reck-
    45  less  assault  of  a  child as defined in section 120.02, assault in the
    46  second degree as defined in section 120.05, menacing a police officer or
    47  peace officer as defined  in  section  120.18,  stalking  in  the  first
    48  degree,  as  defined in subdivision one of section 120.60, strangulation
    49  in the second degree as defined in section 121.12, rape  in  the  second
    50  degree as defined in section 130.30, a crime formerly defined in section
    51  130.45,  sexual  abuse in the first degree as defined in section 130.65,
    52  course of sexual conduct against a child in the second degree as defined
    53  in section 130.80, aggravated  sexual  abuse  in  the  third  degree  as
    54  defined  in section 130.66, facilitating a sex offense with a controlled
    55  substance as defined in section 130.90, labor trafficking as defined  in
    56  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal

        S. 1923                             4

     1  possession of a weapon in the third degree  as  defined  in  subdivision
     2  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
     3  a firearm in the third degree as defined in section 265.11, intimidating
     4  a  victim  or witness in the second degree as defined in section 215.16,
     5  soliciting or providing support for an act of terrorism  in  the  second
     6  degree  as defined in section 490.10, and making a terroristic threat in
     7  the second degree as defined in section  490.20,  falsely  reporting  an
     8  incident  in  the  first  degree as defined in section 240.60, placing a
     9  false bomb or hazardous substance in the  first  degree  as  defined  in
    10  section  240.62, placing a false bomb or hazardous substance in a sports
    11  stadium or arena, mass transportation facility or enclosed shopping mall
    12  as defined in section 240.63, aggravated unpermitted use of indoor pyro-
    13  technics in the first degree as defined in section 405.18, and  criminal
    14  manufacture,  sale,  or  transport  of an undetectable firearm, rifle or
    15  shotgun as defined in section 265.50.
    16    § 6. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.