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A01587 Summary:

BILL NOA01587
 
SAME ASNo Same As
 
SPONSORButtenschon
 
COSPNSRJacobson, Pheffer Amato, Simon, Stern, Wallace, Flood, Angelino
 
MLTSPNSR
 
Amd §100.08, Pen L
 
Modifies the crime of criminal solicitation in the third degree.
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A01587 Actions:

BILL NOA01587
 
01/17/2023referred to codes
01/03/2024referred to codes
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A01587 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1587
 
SPONSOR: Buttenschon
  TITLE OF BILL: An act to amend the penal law, in relation to modifying the crime of criminal solicitation in the third degree   PURPOSE OR GENERAL IDEA OF BILL: Modifies the crime of criminal solicitation in the third degree   SUMMARY OF PROVISIONS: Section one amends Section 100.08 of the penal law, as added by chapter 422 of the laws of 1978 to read: a person is guilty of criminal solic- itation in the third degree when being over the 18 years of age with the intent that another person under sixteen years of age engage in conduct that would constitute felony, he or she solicits, requests, commands, or importunes or otherwise attempts to cause such other person to engage in such conduct or being over eighteen years of age, with the intent that another person under eighteen years of age engage in conduct that would constitute a crime under article 265 of this chapter, he or she inten- tionally provides a loaded firearm to such person in order to protect the actor from criminal prosecution. Section two provides for the effective date.   JUSTIFICATION: Too often we see young people get caught up in gun violence and gang related crimes. These crimes are often committed by young people who have been groomed by adult members of their community or family who do not want to take responsibility for the crimes that are committing. As we know, young people are prosecuted differently than adults and will make young people scapegoats in order to evade a more harsh conviction once the crime has been committed. The purpose of this legislation would hold accountable the adults that intentionally provide a minor with a loaded firearm in order to avoid and protect the actual actor from crim- inal prosecution.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A.9429 - referred to codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
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A01587 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1587
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON, JACOBSON, PHEFFER AMATO, SIMON,
          STERN, WALLACE -- read once and referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to  modifying  the  crime  of
          criminal solicitation in the third degree
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 100.08 of the penal law, as added by chapter 422 of
     2  the laws of 1978, is amended to read as follows:
     3  § 100.08 Criminal solicitation in the third degree.
     4    A person is guilty  of  criminal  solicitation  in  the  third  degree
     5  when[,]:
     6    1.  being  over  eighteen  years  of age, with the intent that another
     7  person under sixteen years of age engage in conduct that  would  consti-
     8  tute  a  felony,  he  or she solicits, requests, commands, importunes or
     9  otherwise attempts  to  cause  such  other  person  to  engage  in  such
    10  conduct[.]; or
    11    2.  being  over  eighteen  years  of age, with the intent that another
    12  person under eighteen years of age engage in conduct that would  consti-
    13  tute a crime under article two hundred sixty-five of this chapter, he or
    14  she  intentionally  provides a loaded firearm to such person in order to
    15  protect the actor from criminal prosecution.
    16    Criminal solicitation in the third degree is a class E felony.
    17    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    18  have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05101-01-3
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