BILL NUMBER:S1580

TITLE OF BILL:

An act to amend the penal law, in relation to criminal possession of a
weapon in the third degree

PURPOSE:

To protect people who use our subways, railroad trains and buses from
crimes where the perpetrator uses a weapon in the commission of the
offense.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 265.02 of the Penal Law by
adding a new subdivision (4) providing that a person will be guilty of
the offense of criminal possession of a weapon in the third degree
when he or she commits the crime of criminal possession of a weapon in
the fourth degree and uses the weapon to commit another act when he or
she is situated on a subway, railroad train or bus or in a subway,
railroad or bus station or terminal.

Section two of this bill provides that this act shall take effect on
the first day of November next succeeding the date on which it shall
have become a law.
              

JUSTIFICATION:

In 2013, the New York City subway ridership was 1.7 billion,
Metro-North and the Long Island Railroad each had ridership in excess
of 83 million and the MTA bus service had ridership of 125 million.
The Daily News reported that on subways and in subway stations from
July 2008 through June 2013, there were "nearly 13,000 instances of
petty and grand larceny on record. Next was weapons possession
(5,361), then assault (4,379) and robbery (3,756)." Transit Bureau
Chief Joseph Fox is stated that "robbers used knives in 12.5% of the
incidents this year, guns 5.5% of the time and simulated having a gun
4.5% of the time." This bill would protect those who use subways,
railroads and buses by providing a disincentive to those who would use
a weapon to commit an offense on a subway, railroad train or bus or in
a subway, railroad or bus station or terminal.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.