Relates to the criminal facilitation of crimes involving firearms.
TITLE OF BILL: An act to amend the penal law, in relation to the criminal facilitation of crimes involving firearms
SUMMARY OF SPECIFIC PROVISIONS: The bill adds Section 115.08 of the Penal law extends the defining circumstances of criminal facilitation guilt in the first degree to persons assisting, making available, facilitating and/or providing an opportunity for a principal actor to acquire an automatic weapon, shotgun, handgun or revolver, with which a Class A felony is performed by the principal actor.
Similarly, the bill adds a new subdivision to §20.00 of the Penal Law and assigns criminal liability to the facilitator the principal actor as if he/she were the principal actor.
EXISTING LAW: Neither Article 115 nor §20.00 provide a definition nor distinguish between an accomplice and an accessory. The terms appear to be used interchangeably. Currently, the difference between criminal facilitation and criminal liability is determined by the extent to which the contributor or facilitator participates in the crime. Under current New York State Law, a defendant cannot be charged with facilitating a misdemeanor.
Currently criminal facilitation 1 a class B felony only when facilitation is provided by an adult to a minor. Moreover the facilitator would have to know that the perpetrator, a minor, was being assisted in the execution of a crime.
JUSTIFICATION: The bill is precipitated by the recent shootings in Webster, New York where an individual allegedly facilitated the purchase of a semiautomatic weapon and shotgun for a convicted felon. Said weapon was used for a homicide and ultimately a suicide.
The enactment of these amendments to Article 115 and § 20 of the Penal Law serve as a disincentive for any individual to make available to another a weapon that may result in the commission of a felony to be equally culpable and accountable regardless of there not having been shared participation in the criminal act by the facilitator.
EFFECTIVE DATE: First of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4911 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________Introduced by Sen. ADAMS -- 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 the criminal facilitation of crimes involving firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 115.08 of the penal law, as added by chapter 422 of the laws of 1978, is amended to read as follows: S 115.08 Criminal facilitation in the first degree. A person is guilty of criminal facilitation in the first degree when
[,]: 1. believing it probable that he OR SHE is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a class A felony, he OR SHE, being over eighteen years of age, engages in conduct which provides such person with means or oppor- tunity for the commission thereof and which in fact aids such person to commit such a class A felony; OR 2. BY IMPLICATION OF THE ACT, SUCH PERSON ASSISTS, MAKES AVAILABLE, FACILITATES AND/OR PROVIDES AN OPPORTUNITY FOR A PRINCIPAL ACTOR TO ACQUIRE AN AUTOMATIC WEAPON, SHOTGUN, HANDGUN OR REVOLVER, WITH WHICH A CLASS A FELONY IS PERFORMED BY SUCH PRINCIPAL ACTOR. Criminal facilitation in the first degree is a class B felony. S 2. The opening paragraph of section 20.00 of the penal law is designated subdivision 1 and a new subdivision 2 is added to read as follows: 2. A PERSON WHO, BY IMPLICATION, KNOWINGLY SUSPECTS THAT A CRIME MAY BE COMMITTED IF THE PERSON SOLICITS, REQUESTS, COMMANDS, IMPORTUNES, INTENTIONALLY AIDS OR FACILITATES THE ACQUISITION OF AN AUTOMATIC WEAP- ON, SHOTGUN, HANDGUN OR REVOLVER WHICH IS THEN USED BY A PRINCIPAL ACTOR TO COMMIT A CLASS A FELONY, SHALL BE CRIMINALLY LIABLE FOR THE COMMIS- SION OF THE OFFENSE, AS IF THE PERSON WERE THE PRINCIPAL ACTOR. SUCHEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07343-01-3 S. 4911 2
PERSON, BY AIDING AND ABETTING IN THE COMMISSION OF THE CRIME SHALL BE PROSECUTED EVEN IF THE PRINCIPAL ACTOR IS ACQUITTED. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.