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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

Riot Legislation

1       AN  ACT  to  amend the penal law, in relation to inciting to riot in the
2         first degree
4            Became a law July 26, 2005, with the approval of the Governor.
5                 Passed by a majority vote, three-fifths being present.
7         The People of the State of New York, represented in Senate and  Assem-
8       bly, do enact as follows:
10         Section 1. Section 240.06 of the penal law, as added by chapter 791 of
11       the laws of 1967, is amended to read as follows:
12       § 240.06 Riot in the first degree.
13         A person is guilty of riot in the first degree when [(a) simultaneous-]
14       [ly] he:
15         1.  Simultaneously  with  ten  or  more other persons [he], engages in
16       [tumultouous] tumultuous and violent conduct and  thereby  intentionally
17       or  recklessly  causes  or creates a grave risk of causing public alarm,
18       and [(b)] in the course of and as a result of  such  conduct,  a  person
19       other  than  one of the participants suffers physical injury or substan-
20       tial property damage occurs; or
21         2. While in a correctional facility, as that term is defined in subdi-
22       vision four of section two of the correction  law,  simultaneously  with
23       ten or more other persons, engages in tumultuous and violent conduct and
24       thereby  intentionally  or  recklessly causes or creates a grave risk of
25       causing alarm within such correctional facility and in the course of and
26       as a result of such conduct, a person other than one of the participants
27       suffers physical injury or substantial property damage occurs.
28         Riot in the first degree is a class E felony.
29         § 2. This act shall take effect on the first of November next succeed-
30       ing the date on which it shall have become a law.
32       The Legislature of the STATE OF NEW YORK ss:
33         Pursuant to the authority vested in us by section 70-b of  the  Public
34       Officers  Law,  we  hereby  jointly  certify that this slip copy of this
35       session law was printed under our direction and, in accordance with such
36       section, is entitled to be read into evidence.
38          JOSEPH L. BRUNO                                     SHELDON SILVER
39       Temporary President of the Senate                Speaker of the Assembly
44       EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
45                                    to be omitted.
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