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A05271 Summary:

BILL NOA05271
 
SAME ASSAME AS S00310
 
SPONSORLawrence
 
COSPNSR
 
MLTSPNSR
 
Amd 70.02, add 265.34, Pen L
 
Makes it a class B violent felony to fire a gun into a crowded space with the intent to harm or absent the intent to harm when such an act creates a great risk of death to one or more people within the crowded space; establishes the crime of criminal use of weapons; firing into a crowded space.
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A05271 Actions:

BILL NOA05271
 
02/07/2017referred to codes
04/04/2017held for consideration in codes
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A05271 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5271
 
SPONSOR: Lawrence
  TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of criminal use of weapons; firing into a crowded space   PURPOSE OR GENERAL IDEA OF BILL: To enact a specific penalty for persons who discharge firearms in crowd- ed spaces.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the penal law by adding a new definition for a Class B violent felony offense to include firing into a crowded space. Section 2. Amends section 70.02 of the penal law to include at least a twenty year sentence for firing into a crowded space. Section 3. Defines the term "crowded space" as a space consisting of five or more people and the term "great risk" as consisting of wanton or reckless behavior that evinces depraved indifference to human life with- in such a crowded space. Section 4. Effective date.   JUSTIFICATION: As the recent mass shooting, occurring on February 7th 2016 in Rochester NY, and where eight people were shot, painfully demonstrates, shootings that take place within crowded spaces cause an elevated degree of terror and grief. Given these increased psychological and social costs, it becomes necessary to create specific felonies that address and deter such reckless and highly destructive acts.   LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become law.
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A05271 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5271
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2017
                                       ___________
 
        Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT to amend the penal law, in relation to establishing the crime of
          criminal use of weapons; firing into a crowded space
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision 1 of section 70.02 of the
     2  penal law, as amended by chapter 368 of the laws of 2015, is amended  to
     3  read as follows:
     4    (a)  Class  B  violent felony offenses: an attempt to commit the class
     5  A-I felonies of murder in  the  second  degree  as  defined  in  section
     6  125.25, kidnapping in the first degree as defined in section 135.25, and
     7  arson  in the first degree as defined in section 150.20; manslaughter in
     8  the first degree as defined in section 125.20,  aggravated  manslaughter
     9  in  the  first  degree  as  defined in section 125.22, rape in the first
    10  degree as defined in section 130.35, criminal sexual act  in  the  first
    11  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    12  first degree as defined in section  130.70,  course  of  sexual  conduct
    13  against a child in the first degree as defined in section 130.75; crimi-
    14  nal  use  of  weapons; firing into a crowded space as defined in section
    15  265.34; assault in the  first  degree  as  defined  in  section  120.10,
    16  kidnapping  in  the second degree as defined in section 135.20, burglary
    17  in the first degree as defined in section 140.30, arson  in  the  second
    18  degree  as  defined  in  section  150.15, robbery in the first degree as
    19  defined in section 160.15, sex trafficking as defined in paragraphs  (a)
    20  and  (b)  of  subdivision  five  of  section 230.34, incest in the first
    21  degree as defined in section 255.27, criminal possession of a weapon  in
    22  the first degree as defined in section 265.04, criminal use of a firearm
    23  in  the  first  degree  as defined in section 265.09, criminal sale of a
    24  firearm in the first degree as defined  in  section  265.13,  aggravated
    25  assault  upon  a police officer or a peace officer as defined in section
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03039-01-7

        A. 5271                             2
 
     1  120.11, gang assault in the first degree as defined in  section  120.07,
     2  intimidating  a  victim  or  witness  in  the first degree as defined in
     3  section 215.17, hindering prosecution of terrorism in the  first  degree
     4  as  defined  in section 490.35, criminal possession of a chemical weapon
     5  or biological weapon in the second degree as defined in section  490.40,
     6  and  criminal use of a chemical weapon or biological weapon in the third
     7  degree as defined in section 490.47.
     8    § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
     9  as amended by chapter 765 of the laws of 2005, is  amended  to  read  as
    10  follows:
    11    (a)  For  a  class  B felony, the term must be at least five years and
    12  must not exceed twenty-five years, provided, however, that the term must
    13  be:  (i) at least ten years and must not exceed thirty years  where  the
    14  sentence is for the crime of aggravated assault upon a police officer or
    15  peace  officer  as defined in section 120.11 of this chapter; [and] (ii)
    16  at least ten years and must not exceed thirty years where  the  sentence
    17  is  for  the  crime  of  aggravated  manslaughter in the first degree as
    18  defined in section 125.22 of this chapter; and  (iii)  at  least  twenty
    19  years  where  the  sentence is for the crime of criminal use of weapons;
    20  firing into a crowded space as defined in section 265.34 of  this  chap-
    21  ter;
    22    §  3.  The penal law is amended by adding a new section 265.34 to read
    23  as follows:
    24  § 265.34 Criminal use of weapons; firing into a crowded space.
    25    A person is guilty of criminal use of weapons; firing into  a  crowded
    26  space  when,  being  eighteen  years  old or older, with intent to cause
    27  physical injury to another person, he or she  fires  a  firearm  into  a
    28  crowded  space with the intent to harm or absent the intent to harm when
    29  such an act creates a great risk of death to one or more  people  within
    30  the crowded space.
    31    (i)  For  the purposes of this paragraph, "crowded space" shall mean a
    32  space consisting of three or more people within one general or  specific
    33  area.
    34    (ii)  For  the  purposes  of  this  paragraph, "great risk" shall mean
    35  consisting of wanton or reckless behavior that evinces  depraved  indif-
    36  ference to human life within such crowded space.
    37    Criminal  use  of  weapons;  firing  into a crowded space is a class B
    38  felony.
    39    § 4. This act shall take effect on the first of November next succeed-
    40  ing the date on which it shall have become a law.
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