This bill has been amended

Bill S4161-2013

Establishes class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying a gun during the commission of a class A or violent felony; repealer

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Mar 12, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4161

TITLE OF BILL: 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

PURPOSE: Establishes class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying a gun during the commission of a class A or violent felony.

SUMMARY OF PROVISIONS:

Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 and paragraph (b) as amended by chapter 1 of the laws of 2013

Section 2. Sections 265.08 and 265.09 of the penal law are REPEALED and a new section 265-45 is added.

Section 3. Paragraph f of subdivision 1 of section 410 of the general business law, as added by chapter 509 of the laws of 1992 is amended.

Section 4. Paragraph (a) of subdivision 4 of section 509-cc of vehicle and traffic law, as amended by chapter 400 of the laws of 2011.

Section 5. This act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the provisions of sections one and two of this act shall not only apply to offenses committed on or after such effective date.

JUSTIFICATION: This bill would make it a class A-I felony of criminal use of a firearm for Possessing a deadly weapon or displaying a gun during the commission of a class A or violent felony. Crimes committed with a deadly weapon should carry tough penalties to let potential criminals know that they will be in prison for a long period of time. Victims of these crimes need assurance from government and law enforcement, who's duty it is to protect the residents of New York. State, that those who commit these types of crimes are severely punished.

LEGISLATIVE HISTORY: 2011: S.5518 - Referred to Codes/A.8222 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect November 1, next succeeding the date on which it shall have become a law, provided that the provisions of sections one and two of this act shall only apply to offenses committed on or after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 4161 2013-2014 Regular Sessions IN SENATE March 12, 2013 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 and paragraph (b) as amended by chapter 1 of the laws of 2013, are amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, [criminal use of a firearm in the first degree as defined in section 265.09,] criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in
the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, crim- inal possession of a weapon in the second degree as defined in section 265.03, [criminal use of a firearm in the second degree as defined in section 265.08,] criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biolog- ical weapon in the third degree as defined in section 490.37. S 2. Sections 265.08 and 265.09 of the penal law are REPEALED and a new section 265.45 is added to read as follows: S 265.45 CRIMINAL USE OF A FIREARM. A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM WHEN HE OR SHE COMMITS A CLASS A FELONY OR A VIOLENT FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE EITHER: 1. POSSESSES A DEADLY WEAPON, IF SUCH WEAPON IS A LOADED WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING DEATH OR SERIOUS PHYSICAL INJURY MAY BE DISCHARGED; OR 2. DISPLAYS WHAT APPEARS TO BE OR IS A PISTOL, REVOLVER, RIFLE, SHOT- GUN, MACHINE GUN OR OTHER FIREARM. CRIMINAL USE OF A FIREARM IS A CLASS A-I FELONY. S 3. Paragraph f of subdivision 1 of section 410 of the general busi- ness law, as added by chapter 509 of the laws of 1992, is amended to read as follows: f. Conviction of any of the following crimes subsequent to the issu- ance of a license pursuant to this article: fraud pursuant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 190.65; falsifying business records pursuant to section 175.10; grand larceny pursuant to article 155; bribery pursuant to sections 180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery pursuant to article 160; homicide pursuant to sections 125.25 and 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping and unlawful impri- sonment pursuant to sections 135.10, 135.20 and 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03 and 265.04; criminal use of a weapon pursuant to sections 265.08 [and], 265.09 AND 265.45; crimi-
nal sale of a weapon pursuant to sections 265.11 and 265.12; and sex offenses pursuant to article 130 of the penal law. Provided, however, that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such: (i) a conviction for which an executive pardon has been issued pursuant to the executive law; (ii) a conviction which has been vacated and replaced by a youthful offender finding pursuant to article seven hundred twenty of the crimi- nal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been expunged or sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued. S 4. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle and traffic law, as amended by chapter 400 of the laws of 2011, is amended to read as follows: (a) The offenses referred to in subparagraph (ii) of paragraph (a) of subdivision one and paragraph (a) of subdivision two of this section that result in permanent disqualification shall include a conviction under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 AND 265.45 of the penal law or an attempt to commit any of the aforesaid offenses under section 110.00 of the penal law, or any offenses commit- ted under a former section of the penal law which would constitute violations of the aforesaid sections of the penal law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the penal law. S 5. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law, provided that the provisions of sections one and two of this act shall only apply to offenses committed on or after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus