Bill Text: NY S01635 | 2011-2012 | General Assembly | Introduced
Bill Title: Increases penalties for the criminal sale of firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S01635 Detail]
Download: New_York-2011-S01635-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1635
2011-2012 Regular Sessions
I N S E N A T E
January 10, 2011
___________
Introduced by Sen. SAMPSON -- 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 increasing penalties for
the criminal sale of firearms
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 265.13 of the penal law,
2 as amended by chapter 764 of the laws of 2005, is amended to read as
3 follows:
4 Criminal sale of a firearm in the first degree is a class [B] A felo-
5 ny.
6 S 2. The closing paragraph of section 265.12 of the penal law, as
7 amended by chapter 764 of the laws of 2005, is amended to read as
8 follows:
9 Criminal sale of a firearm in the second degree is a class [C] B felo-
10 ny.
11 S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
12 as amended by chapter 320 of the laws of 2006, is amended to read as
13 follows:
14 (a) Class B violent felony offenses: an attempt to commit the class
15 A-I felonies of murder in the second degree as defined in section
16 125.25, kidnapping in the first degree as defined in section 135.25, and
17 arson in the first degree as defined in section 150.20; manslaughter in
18 the first degree as defined in section 125.20, aggravated manslaughter
19 in the first degree as defined in section 125.22, rape in the first
20 degree as defined in section 130.35, criminal sexual act in the first
21 degree as defined in section 130.50, aggravated sexual abuse in the
22 first degree as defined in section 130.70, course of sexual conduct
23 against a child in the first degree as defined in section 130.75;
24 assault in the first degree as defined in section 120.10, kidnapping in
25 the second degree as defined in section 135.20, burglary in the first
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05878-01-1
S. 1635 2
1 degree as defined in section 140.30, arson in the second degree as
2 defined in section 150.15, robbery in the first degree as defined in
3 section 160.15, incest in the first degree as defined in section 255.27,
4 criminal possession of a weapon in the first degree as defined in
5 section 265.04, criminal use of a firearm in the first degree as defined
6 in section 265.09, criminal sale of a firearm in the [first] SECOND
7 degree as defined in section [265.13] 265.12, CRIMINAL SALE OF A FIREARM
8 WITH THE AID OF A MINOR AS DEFINED IN SECTION 265.14, aggravated assault
9 upon a police officer or a peace officer as defined in section 120.11,
10 gang assault in the first degree as defined in section 120.07, intim-
11 idating a victim or witness in the first degree as defined in section
12 215.17, hindering prosecution of terrorism in the first degree as
13 defined in section 490.35, criminal possession of a chemical weapon or
14 biological weapon in the second degree as defined in section 490.40, and
15 criminal use of a chemical weapon or biological weapon in the third
16 degree as defined in section 490.47.
17 S 4. The closing paragraph of section 265.11 of the penal law, as
18 amended by chapter 764 of the laws of 2005, is amended to read as
19 follows:
20 Criminal sale of a firearm in the third degree is a class [D] C felo-
21 ny.
22 S 5. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
23 as amended by chapter 405 of the laws of 2010, is amended to read as
24 follows:
25 (b) Class C violent felony offenses: an attempt to commit any of the
26 class B felonies set forth in paragraph (a) of this subdivision; aggra-
27 vated criminally negligent homicide as defined in section 125.11, aggra-
28 vated manslaughter in the second degree as defined in section 125.21,
29 aggravated sexual abuse in the second degree as defined in section
30 130.67, assault on a peace officer, police officer, fireman or emergency
31 medical services professional as defined in section 120.08, gang assault
32 in the second degree as defined in section 120.06, strangulation in the
33 first degree as defined in section 121.13, burglary in the second degree
34 as defined in section 140.25, robbery in the second degree as defined in
35 section 160.10, criminal possession of a weapon in the second degree as
36 defined in section 265.03, criminal use of a firearm in the second
37 degree as defined in section 265.08, criminal sale of a firearm in the
38 [second] THIRD degree as defined in section [265.12] 265.11, [criminal
39 sale of a firearm with the aid of a minor as defined in section 265.14,]
40 CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16,
41 soliciting or providing support for an act of terrorism in the first
42 degree as defined in section 490.15, hindering prosecution of terrorism
43 in the second degree as defined in section 490.30, and criminal
44 possession of a chemical weapon or biological weapon in the third degree
45 as defined in section 490.37.
46 S 6. The closing paragraph of section 265.16 of the penal law, as
47 amended by chapter 654 of the laws of 1998, is amended to read as
48 follows:
49 Criminal sale of a firearm to a minor is a class [C] B felony.
50 S 7. The closing paragraph of section 265.14 of the penal law, as
51 amended by chapter 654 of the laws of 1998, is amended to read as
52 follows:
53 Criminal sale of a firearm with the aid of a minor is a class [C] B
54 felony.
55 S 8. This act shall take effect on the first of November next
56 succeeding the date on which it shall have become a law.
