S00073 Summary:

BILL NOS00073
 
SAME ASSAME AS A06055
 
SPONSORROBACH
 
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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S00073 Actions:

BILL NOS00073
 
01/09/2019REFERRED TO CODES
01/08/2020REFERRED TO CODES
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S00073 Committee Votes:

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S00073 Floor Votes:

There are no votes for this bill in this legislative session.
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S00073 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           73
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  Sen.  ROBACH -- 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 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 189 of the laws of 2018, 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,  sex  trafficking  of  a
    21  child  as  defined  in  section  230.34-a, incest in the first degree as
    22  defined in section 255.27, criminal possession of a weapon in the  first
    23  degree  as  defined  in section 265.04, criminal use of a firearm in the
    24  first degree as defined in section 265.09, criminal sale of a firearm in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05207-01-9

        S. 73                               2
 
     1  the first degree as defined in section 265.13, aggravated assault upon a
     2  police officer or a peace officer as defined  in  section  120.11,  gang
     3  assault in the first degree as defined in section 120.07, intimidating a
     4  victim  or  witness  in  the  first degree as defined in section 215.17,
     5  hindering prosecution of terrorism in the first  degree  as  defined  in
     6  section  490.35,  criminal possession of a chemical weapon or biological
     7  weapon in the second degree as defined in section 490.40,  and  criminal
     8  use  of  a  chemical  weapon or biological weapon in the third degree as
     9  defined in section 490.47.
    10    § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
    11  as amended by chapter 765 of the laws of 2005, is  amended  to  read  as
    12  follows:
    13    (a)  For  a  class  B felony, the term must be at least five years and
    14  must not exceed twenty-five years, provided, however, that the term must
    15  be:  (i) at least ten years and must not exceed thirty years  where  the
    16  sentence is for the crime of aggravated assault upon a police officer or
    17  peace  officer  as defined in section 120.11 of this chapter; [and] (ii)
    18  at least ten years and must not exceed thirty years where  the  sentence
    19  is  for  the  crime  of  aggravated  manslaughter in the first degree as
    20  defined in section 125.22 of this chapter; and  (iii)  at  least  twenty
    21  years  where  the  sentence is for the crime of criminal use of weapons;
    22  firing into a crowded space as defined in section 265.34 of  this  chap-
    23  ter;
    24    §  3.  The penal law is amended by adding a new section 265.34 to read
    25  as follows:
    26  § 265.34 Criminal use of weapons; firing into a crowded space.
    27    A person is guilty of criminal use of weapons; firing into  a  crowded
    28  space  when,  being  eighteen  years  old or older, with intent to cause
    29  physical injury to another person, he or she  fires  a  firearm  into  a
    30  crowded  space with the intent to harm or absent the intent to harm when
    31  such an act creates a great risk of death to one or more  people  within
    32  the crowded space.
    33    (i)  For  the purposes of this paragraph, "crowded space" shall mean a
    34  space consisting of three or more people within one general or  specific
    35  area.
    36    (ii)  For  the  purposes  of  this  paragraph, "great risk" shall mean
    37  consisting of wanton or reckless behavior that evinces  depraved  indif-
    38  ference to human life within such crowded space.
    39    Criminal  use  of  weapons;  firing  into a crowded space is a class B
    40  felony.
    41    § 4. This act shall take effect on the first of November next succeed-
    42  ing the date on which it shall have become a law.
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