S07839 Summary:

BILL NOS07839
 
SAME ASNo same as
 
SPONSORGOLDEN
 
COSPNSRLANZA, MARTINS
 
MLTSPNSR
 
Amd SS115.00, 115.01, 115.05, 115.08, 115.15, 265.00, 265.11 & 265.13, add S115.20, Pen L
 
Includes sharing, making available, selling, exchanging, giving or disposing of a community gun as an element of certain criminal acts.
Go to top    

S07839 Actions:

BILL NOS07839
 
08/17/2012REFERRED TO RULES
Go to top

S07839 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S07839 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7839
 
                    IN SENATE
 
                                     August 17, 2012
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the penal law, in relation to  community  guns  and  the
          criminal sale of a firearm in the first and third degrees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Section 115.00 of the penal law, as amended by chapter  422
     2  of the laws of 1978, is amended to read as follows:
     3  § 115.00 Criminal facilitation in the fourth degree.
     4    A  person  is  guilty  of  criminal  facilitation in the fourth degree
     5  when[,]:
     6    1. believing it probable that he or she is rendering aid:
     7    [1.] a. to a person who intends to commit a crime, he or  she  engages
     8  in  conduct which provides such person with means or opportunity for the
     9  commission thereof and which in fact aids such person to commit a  felo-
    10  ny; or
    11    [2.]  b.  to a person under sixteen years of age who intends to engage
    12  in conduct which would constitute a crime, he or she, being  over  eigh-

    13  teen  years  of  age, engages in conduct which provides such person with
    14  means or opportunity for the commission thereof and which in  fact  aids
    15  such person to commit a crime; or
    16    2.  he  or  she being not authorized pursuant to New York state law to
    17  possess a firearm shares, makes available, sells,  exchanges,  gives  or
    18  disposes of a community gun, or assists any person in any such activity,
    19  and such community gun in fact aids a person to commit a felony, includ-
    20  ing,  but  not  limited  to,  a  felony set forth in article two hundred
    21  sixty-five of this part; or
    22    3. he or she, being over eighteen years  of  age  and  not  authorized
    23  pursuant  to  New  York  state  law  to possess a firearm, shares, makes

    24  available, sells, exchanges, gives or disposes of a  community  gun,  or
    25  assists  any person in any such activity, and such community gun in fact
    26  aids a person under sixteen years of age to commit a  crime,  including,
    27  but  not limited to, a crime set forth in article two hundred sixty-five
    28  of this part.
    29    Criminal facilitation in the fourth degree is a class A misdemeanor.
    30    § 2. Section 115.01 of the penal law, as added by chapter 422  of  the
    31  laws of 1978, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16173-04-2

        S. 7839                             2
 

     1  § 115.01 Criminal facilitation in the third degree.
     2    A person is guilty of criminal facilitation in the third degree, when:
     3    1.  believing  it probable that he or she is rendering aid to a person
     4  under sixteen years of age who intends to engage in conduct  that  would
     5  constitute  a  felony,  he  or  she,  being  over eighteen years of age,
     6  engages in conduct which provides such person with means or  opportunity
     7  for  the commission thereof and which in fact aids such person to commit
     8  a felony; or
     9    2. he or she, being over eighteen years  of  age  and  not  authorized
    10  pursuant  to  New  York  state  law  to possess a firearm, shares, makes
    11  available, sells, exchanges, gives or disposes of a  community  gun,  or

    12  assists  any person in any such activity, and such community gun in fact
    13  aids a person under sixteen years of age to commit a felony,  including,
    14  but not limited to, a felony set forth in article two hundred sixty-five
    15  of this part.
    16    Criminal facilitation in the third degree is a class E felony.
    17    § 3. Section 115.05 of the penal law, as amended by chapter 422 of the
    18  laws of 1978, is amended to read as follows:
    19  § 115.05 Criminal facilitation in the second degree.
    20    A  person  is  guilty  of  criminal  facilitation in the second degree
    21  when[,]:
    22    1. believing it probable that he or she is rendering aid to  a  person
    23  who  intends  to  commit  a class A felony, he or she engages in conduct

    24  which provides such person with means or opportunity for the  commission
    25  thereof  and  which  in  fact  aids  such  person to commit such class A
    26  felony; or
    27    2. he or she being not authorized pursuant to New York  state  law  to
    28  possess  a  firearm  shares, makes available, sells, exchanges, gives or
    29  disposes of a community gun, or assists any person in any such activity,
    30  and such community gun in fact aids a person to commit a class A felony.
    31    Criminal facilitation in the second degree is a class C felony.
    32    § 4. Section 115.08 of the penal law, as added by chapter 422  of  the
    33  laws of 1978, is amended to read as follows:
    34  § 115.08 Criminal facilitation in the first degree.
    35    A  person  is  guilty  of  criminal  facilitation  in the first degree
    36  when[,]:

    37    1. believing it probable that he or she is rendering aid to  a  person
    38  under  sixteen  years of age who intends to engage in conduct that would
    39  constitute a class A felony, he or she, being  over  eighteen  years  of
    40  age,  engages in conduct which provides such person with means or oppor-
    41  tunity for the commission thereof and which in fact aids such person  to
    42  commit such a class A felony; or
    43    2.  he  or  she,  being  over eighteen years of age and not authorized
    44  pursuant to New York state law  to  possess  a  firearm,  shares,  makes
    45  available,  sells,  exchanges,  gives or disposes of a community gun, or
    46  assists any person in any such activity, and such community gun in  fact
    47  aids a person under sixteen years of age to commit a class A felony.

    48    Criminal facilitation in the first degree is a class B felony.
    49    § 5. Section 115.15 of the penal law is amended to read as follows:
    50  § 115.15 Criminal facilitation; corroboration.
    51    A  person  shall  not  be  convicted of criminal facilitation upon the
    52  testimony of a person who has committed the felony charged to have  been
    53  facilitated unless such testimony be corroborated by such other evidence
    54  as  tends to connect the defendant with such facilitation; provided that
    55  this section shall not apply to a conviction  of  criminal  facilitation

        S. 7839                             3
 
     1  for  sharing, making available, selling, exchanging, giving or disposing
     2  of a community gun, or assisting any person in such activity.

     3    §  6.  The penal law is amended by adding a new section 115.20 to read
     4  as follows:
     5  § 115.20 Criminal facilitation; definitions and construction.
     6    As used in this article, the following terms shall have the  following
     7  meanings:
     8    1.  "Community  gun"  shall mean a firearm that is shared, made avail-
     9  able, sold, exchanged, given or disposed of among or between two or more
    10  persons, at least one of whom is  not  authorized  pursuant  to  law  to
    11  possess a firearm.
    12    2.  "Dispose  of"  shall  have the same meaning as provided in section
    13  265.00 of this part.
    14    3. "Share" and "make available" shall, in the case of  a  firearm,  be
    15  construed  to include, but shall not be limited to, placing such firearm

    16  at a location accessible and known to one or more other persons.
    17    § 7. Section 265.00 of the penal law is amended by adding a new subdi-
    18  vision 24 to read as follows:
    19    24. "Community gun" shall have the definition  set  forth  in  section
    20  115.20 of this part, and the terms "share" and "make available" shall be
    21  construed as set forth in such section.
    22    § 8. Section 265.11 of the penal law, as amended by chapter 764 of the
    23  laws of 2005, is amended to read as follows:
    24  § 265.11 Criminal sale of a firearm in the third degree.
    25    A  person  is guilty of criminal sale of a firearm in the third degree
    26  when such person is not authorized pursuant to law to possess a  firearm
    27  and such person unlawfully either:
    28    (1) sells, exchanges, gives or disposes of a firearm or large capacity

    29  ammunition feeding device to another person; [or]
    30    (2) possesses a firearm with the intent to sell it; or
    31    (3) share or makes available a community gun.
    32    Criminal sale of a firearm in the third degree is a class D felony.
    33    § 9. Section 265.13 of the penal law, as amended by chapter 764 of the
    34  laws of 2005, is amended to read as follows:
    35  § 265.13 Criminal sale of a firearm in the first degree.
    36    A  person  is guilty of criminal sale of a firearm in the first degree
    37  when such person:
    38    (1) unlawfully sells, exchanges, gives or disposes of to  another  ten
    39  or more firearms; [or]
    40    (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
    41  person or persons a total of ten or more firearms in  a  period  of  not
    42  more than one year; or

    43    (3)  being  not  authorized by New York state law to possess a firearm
    44  unlawfully shares, makes available, sells, exchanges, gives, or disposes
    45  of a firearm to another person, and, within three years thereafter,  the
    46  firearm  is  discharged  and  causes  the death of another person.   The
    47  provisions of this subdivision shall only apply when  such  firearm  was
    48  discharged   intentionally,  recklessly  or  with  criminal  negligence,
    49  provided that the provisions of this subdivision shall  not  apply  when
    50  such  firearm  was  discharged  intentionally for purposes of committing
    51  suicide. For purposes of this  subdivision,  the  term  "firearm"  shall
    52  include but not be limited to a community gun.

    53    Criminal sale of a firearm in the first degree is a class B felony.
    54    §  10.  This  act  shall  take effect on the one hundred eightieth day
    55  after it shall have become a law.
Go to top