Amd §70.02, rpld §§265.08 & 265.09, add §265.50, Pen L; amd §410, Gen Bus L; amd §509-cc, V & T L
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.
STATE OF NEW YORK
________________________________________________________________________
3479--A
2015-2016 Regular Sessions
IN SENATE
February 10, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01567-02-6
S. 3479--A 2
1 degree as defined in section 265.04, [criminal use of a firearm in the
2 first degree as defined in section 265.09,] criminal sale of a firearm
3 in the first degree as defined in section 265.13, aggravated assault
4 upon a police officer or a peace officer as defined in section 120.11,
5 gang assault in the first degree as defined in section 120.07, intim-
6 idating a victim or witness in the first degree as defined in section
7 215.17, hindering prosecution of terrorism in the first degree as
8 defined in section 490.35, criminal possession of a chemical weapon or
9 biological weapon in the second degree as defined in section 490.40, and
10 criminal use of a chemical weapon or biological weapon in the third
11 degree as defined in section 490.47.
12 (b) Class C violent felony offenses: an attempt to commit any of the
13 class B felonies set forth in paragraph (a) of this subdivision; aggra-
14 vated criminally negligent homicide as defined in section 125.11, aggra-
15 vated manslaughter in the second degree as defined in section 125.21,
16 aggravated sexual abuse in the second degree as defined in section
17 130.67, assault on a peace officer, police officer, fireman or emergency
18 medical services professional as defined in section 120.08, assault on a
19 judge as defined in section 120.09, gang assault in the second degree as
20 defined in section 120.06, strangulation in the first degree as defined
21 in section 121.13, burglary in the second degree as defined in section
22 140.25, robbery in the second degree as defined in section 160.10, crim-
23 inal possession of a weapon in the second degree as defined in section
24 265.03, [criminal use of a firearm in the second degree as defined in
25 section 265.08,] criminal sale of a firearm in the second degree as
26 defined in section 265.12, criminal sale of a firearm with the aid of a
27 minor as defined in section 265.14, aggravated criminal possession of a
28 weapon as defined in section 265.19, soliciting or providing support for
29 an act of terrorism in the first degree as defined in section 490.15,
30 hindering prosecution of terrorism in the second degree as defined in
31 section 490.30, and criminal possession of a chemical weapon or biolog-
32 ical weapon in the third degree as defined in section 490.37.
33 § 2. Sections 265.08 and 265.09 of the penal law are REPEALED and a
34 new section 265.50 is added to read as follows:
35 § 265.50 Criminal use of a firearm.
36 A person is guilty of criminal use of a firearm when he or she commits
37 a class A felony or a violent felony offense, as defined in subdivision
38 one of section 70.02 of this chapter and he or she either:
39 1. possesses a deadly weapon, if such weapon is a loaded weapon from
40 which a shot, readily capable of producing death or serious physical
41 injury may be discharged; or
42 2. displays what appears to be or is a pistol, revolver, rifle, shot-
43 gun, machine gun or other firearm.
44 Criminal use of a firearm is a class A-I felony.
45 § 3. Paragraph f of subdivision 1 of section 410 of the general busi-
46 ness law, as amended by chapter 80 of the laws of 2015, is amended to
47 read as follows:
48 f. Conviction of any of the following crimes subsequent to the issu-
49 ance of a license or registration pursuant to this article: fraud pursu-
50 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and
51 190.65; falsifying business records pursuant to section 175.10; grand
52 larceny pursuant to article 155; bribery pursuant to sections 180.03,
53 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
54 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;
55 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery
56 pursuant to article 160; homicide pursuant to sections 125.25 and
S. 3479--A 3
1 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping
2 and unlawful imprisonment pursuant to sections 135.10, 135.20 and
3 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
4 and 265.04; criminal use of a weapon pursuant to former sections 265.08
5 and 265.09, and section 265.50; criminal sale of a weapon pursuant to
6 sections 265.11 and 265.12; compelling prostitution pursuant to section
7 230.33; sex trafficking pursuant to section 230.34; and sex offenses
8 pursuant to article 130 of the penal law. Provided, however, that for
9 the purposes of this article, none of the following shall be considered
10 criminal convictions or reported as such: (i) a conviction for which an
11 executive pardon has been issued pursuant to the executive law; (ii) a
12 conviction which has been vacated and replaced by a youthful offender
13 finding pursuant to article seven hundred twenty of the criminal proce-
14 dure law, or the applicable provisions of law of any other jurisdiction;
15 or (iii) a conviction the records of which have been expunged or sealed
16 pursuant to the applicable provisions of the laws of this state or of
17 any other jurisdiction; and (iv) a conviction for which other evidence
18 of successful rehabilitation to remove the disability has been issued.
19 § 4. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
20 and traffic law, as amended by chapter 400 of the laws of 2011, is
21 amended to read as follows:
22 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
23 subdivision one and paragraph (a) of subdivision two of this section
24 that result in permanent disqualification shall include a conviction
25 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
26 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
27 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
28 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
29 and 265.50 of the penal law or an attempt to commit any of the aforesaid
30 offenses under section 110.00 of the penal law, or any offenses commit-
31 ted under a former section of the penal law which would constitute
32 violations of the aforesaid sections of the penal law, or any offenses
33 committed outside this state which would constitute violations of the
34 aforesaid sections of the penal law.
35 § 5. This act shall take effect on the first of November next succeed-
36 ing the date on which it shall have become a law; provided that if chap-
37 ter 368 of the laws of 2015 shall not have taken effect on or before
38 such effective date, then the amendments to paragraph (a) of subdivision
39 1 of section 70.02 of the penal law, made by section one of this act,
40 shall take effect on the same date and in the same manner as chapter 368
41 of the laws of 2015 takes effect; and provided, further, that the
42 provisions of sections one and two of this act shall only apply to
43 offenses committed on or after such effective date.
