Bill Text: NY S06191 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying what appears to be or is a rifle, pistol, revolver, shotgun, machine gun or other firearm during the commission of a class A or violent felony; repeals the offenses of criminal use of a firearm in the first and second degrees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S06191 Detail]

Download: New_York-2017-S06191-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6191
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, the general business law and the  vehicle
          and  traffic  law,  in  relation  to criminal use of a firearm; and to
          repeal sections 265.08 and 265.09 of the penal law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
     2  the  penal  law,  paragraph (a) as amended by chapter 368 of the laws of
     3  2015 and paragraph (b) as amended by chapter 1 of the laws of 2013,  are
     4  amended to read as follows:
     5    (a)  Class  B  violent felony offenses: an attempt to commit the class
     6  A-I felonies of murder in  the  second  degree  as  defined  in  section
     7  125.25, kidnapping in the first degree as defined in section 135.25, and
     8  arson  in the first degree as defined in section 150.20; manslaughter in
     9  the first degree as defined in section 125.20,  aggravated  manslaughter
    10  in  the  first  degree  as  defined in section 125.22, rape in the first
    11  degree as defined in section 130.35, criminal sexual act  in  the  first
    12  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    13  first degree as defined in section  130.70,  course  of  sexual  conduct
    14  against  a  child  in  the  first  degree  as defined in section 130.75;
    15  assault in the first degree as defined in section 120.10, kidnapping  in
    16  the  second  degree  as defined in section 135.20, burglary in the first
    17  degree as defined in section 140.30,  arson  in  the  second  degree  as
    18  defined  in  section  150.15,  robbery in the first degree as defined in
    19  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
    20  subdivision  five  of  section  230.34,  incest  in  the first degree as
    21  defined in section 255.27, criminal possession of a weapon in the  first
    22  degree  as  defined in section 265.04, [criminal use of a firearm in the
    23  first degree as defined in section 265.09,] criminal sale of  a  firearm
    24  in  the  first  degree  as defined in section 265.13, aggravated assault
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11620-01-7
        S. 6191                             2
     1  upon a police officer or a peace officer as defined in  section  120.11,
     2  gang  assault  in  the first degree as defined in section 120.07, intim-
     3  idating a victim or witness in the first degree as  defined  in  section
     4  215.17,  hindering  prosecution  of  terrorism  in  the  first degree as
     5  defined in section 490.35, criminal possession of a chemical  weapon  or
     6  biological weapon in the second degree as defined in section 490.40, and
     7  criminal  use  of  a  chemical  weapon or biological weapon in the third
     8  degree as defined in section 490.47.
     9    (b) Class C violent felony offenses: an attempt to commit any  of  the
    10  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    11  vated criminally negligent homicide as defined in section 125.11, aggra-
    12  vated manslaughter in the second degree as defined  in  section  125.21,
    13  aggravated  sexual  abuse  in  the  second  degree as defined in section
    14  130.67, assault on a peace officer, police officer, fireman or emergency
    15  medical services professional as defined in section 120.08, assault on a
    16  judge as defined in section 120.09, gang assault in the second degree as
    17  defined in section 120.06, strangulation in the first degree as  defined
    18  in  section  121.13, burglary in the second degree as defined in section
    19  140.25, robbery in the second degree as defined in section 160.10, crim-
    20  inal possession of a weapon in the second degree as defined  in  section
    21  265.03,  [criminal  use  of a firearm in the second degree as defined in
    22  section 265.08,] criminal sale of a firearm  in  the  second  degree  as
    23  defined  in section 265.12, criminal sale of a firearm with the aid of a
    24  minor as defined in section 265.14, aggravated criminal possession of  a
    25  weapon as defined in section 265.19, soliciting or providing support for
    26  an  act  of  terrorism in the first degree as defined in section 490.15,
    27  hindering prosecution of terrorism in the second degree  as  defined  in
    28  section  490.30, and criminal possession of a chemical weapon or biolog-
    29  ical weapon in the third degree as defined in section 490.37.
    30    § 2. Sections 265.08 and 265.09 of the penal law are  REPEALED  and  a
    31  new section 265.50 is added to read as follows:
    32  § 265.50 Criminal use of a firearm.
    33    A person is guilty of criminal use of a firearm when he or she commits
    34  a  class A felony or a violent felony offense, as defined in subdivision
    35  one of section 70.02 of this chapter and he or she either:
    36    1. possesses a deadly weapon, if such weapon is a loaded  weapon  from
    37  which  a  shot,  readily  capable of producing death or serious physical
    38  injury may be discharged; or
    39    2. displays what appears to be or is a pistol, revolver, rifle,  shot-
    40  gun, machine gun or other firearm.
    41    Criminal use of a firearm is a class A-I felony.
    42    §  3. Paragraph f of subdivision 1 of section 410 of the general busi-
    43  ness law, as amended by chapter 80 of the laws of 2015,  is  amended  to
    44  read as follows:
    45    f.  Conviction  of any of the following crimes subsequent to the issu-
    46  ance of a license or registration pursuant to this article: fraud pursu-
    47  ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
    48  190.65;  falsifying  business  records pursuant to section 175.10; grand
    49  larceny pursuant to article 155; bribery pursuant  to  sections  180.03,
    50  180.08,  180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
    51  200.45, 200.50; perjury pursuant to  sections  210.10,  210.15,  210.40;
    52  assault  pursuant  to  sections  120.05, 120.10, 120.11, 120.12; robbery
    53  pursuant to article  160;  homicide  pursuant  to  sections  125.25  and
    54  125.27;  manslaughter pursuant to sections 125.15 and 125.20; kidnapping
    55  and unlawful  imprisonment  pursuant  to  sections  135.10,  135.20  and
    56  135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03
        S. 6191                             3
     1  and 265.04; criminal use of a weapon pursuant to former sections  265.08
     2  and  265.09,  and  section 265.50; criminal sale of a weapon pursuant to
     3  sections 265.11 and 265.12; compelling prostitution pursuant to  section
     4  230.33;  sex  trafficking  pursuant  to section 230.34; and sex offenses
     5  pursuant to article 130 of the penal law. Provided,  however,  that  for
     6  the  purposes of this article, none of the following shall be considered
     7  criminal convictions or reported as such: (i) a conviction for which  an
     8  executive  pardon  has been issued pursuant to the executive law; (ii) a
     9  conviction which has been vacated and replaced by  a  youthful  offender
    10  finding  pursuant to article seven hundred twenty of the criminal proce-
    11  dure law, or the applicable provisions of law of any other jurisdiction;
    12  or (iii) a conviction the records of which have been expunged or  sealed
    13  pursuant  to  the  applicable provisions of the laws of this state or of
    14  any other jurisdiction; and (iv) a conviction for which  other  evidence
    15  of successful rehabilitation to remove the disability has been issued.
    16    §  4.  Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
    17  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
    18  amended to read as follows:
    19    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    20  subdivision one and paragraph (a) of subdivision  two  of  this  section
    21  that  result  in  permanent  disqualification shall include a conviction
    22  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    23  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
    24  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
    25  230.30,  230.32,  230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
    26  and 265.50 of the penal law or an attempt to commit any of the aforesaid
    27  offenses under section 110.00 of the penal law, or any offenses  commit-
    28  ted  under  a  former  section  of  the penal law which would constitute
    29  violations of the aforesaid sections of the penal law, or  any  offenses
    30  committed  outside  this  state which would constitute violations of the
    31  aforesaid sections of the penal law.
    32    § 5. This act shall take effect on the first of November next succeed-
    33  ing the date on which it shall have become  a  law;  provided  that  the
    34  provisions  of  sections  one  and  two  of this act shall only apply to
    35  offenses committed on or after such effective date.