S558A-2011 Actions

• May 7, 2012: PRINT NUMBER 558B
• May 7, 2012: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
• Apr 30, 2012: PRINT NUMBER 558A
• Apr 30, 2012: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Mar 31, 2011: COMMITTEE DISCHARGED AND COMMITTED TO CRIME VICTIMS, CRIME AND CORRECTION
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CODES

S558A-2011 Memo

BILL NUMBER:S558A

TITLE OF BILL:
An act
to amend the penal law, in relation to firearms

PURPOSE OR GENERAL IDEA OF BILL:
Creates two new crimes of aggravated sale of a firearm and aggravated
sale of a firearm to a minor.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Penal Law by adding two new sections, 265.45 and
265.50.
Section 265.45 provides that an individual is guilty of a class "D"
felony, aggravated sale of a firearm, when he or she knowingly and
unlawfully sells, exchanges, gives or disposes of a firearm, which he
or she knows has been either used in the commission of a felony
offense, has been stolen from its lawful owner, or has been defaced.
Section 265.50 states that a person is guilty of a class "C" felony,
aggravated sale of a firearm to a minor, when being over the age of
eighteen (18), he or she, commits the crime of aggravated sale of a
firearm to a person who the defendant believes to be less than
eighteen years (18).

Section 2. Amends the Penal Law, Section 70.02, paragraphs (b) and
(c). Adds aggravated sale of a firearm as a class C violent felony
offense and aggravated sale of a firearm to a minor as a class D
violent felony offense.

Section 3. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
This bill targets individuals who intentionally sell firearms to
persons who the seller believes to be under eighteen years (18) of
age and individuals who traffic in firearms that have previously been
used in the commission of a felony offense or stolen from their lawful
owners or defaced to prevent them from being traced. Traffic in these
"crime guns" is a particularly pernicious type of criminal conduct,
which plagues many communities of our state.

PRIOR LEGISLATIVE HISTORY:
2011: S.558  - Discharged from Codes and Committed to Crime Victims,
Crime and Correction/A.1644 - Advanced to Third Reading Calendar
2010: S.7680 - Passed Senate/A.10910 - Advanced to Third Reading

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.

S558A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 558--A
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced by Sens. DIAZ, KRUEGER -- read twice and ordered printed, and
 when  printed to be committed to the Committee on Codes -- recommitted
 to the Committee on Crime Victims, Crime and Correction in  accordance
 with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee
 

AN ACT to amend the penal law, in relation to firearms
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The penal law is amended by adding two new sections 265.45
 and 265.50 to read as follows:

 

S 265.45 AGGRAVATED SALE OF A FIREARM.
 A PERSON IS GUILTY OF AGGRAVATED SALE OF A FIREARM  WHEN  SUCH  PERSON
 KNOWINGLY  AND  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF A
 FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN:

 1. USED IN THE COMMISSION OF A FELONY OFFENSE;
 2. STOLEN FROM ITS LAWFUL OWNER; OR
 3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
 ARTICLE.
 AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY.
 

S 265.50 AGGRAVATED SALE OF A FIREARM TO A MINOR.
 A  PERSON  OVER  THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED SALE OF A
 FIREARM TO A MINOR WHEN SUCH  PERSON  KNOWINGLY  AND  UNLAWFULLY  SELLS,
 EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR WHO THE
 DEFENDANT  BELIEVES  TO  BE LESS THAN EIGHTEEN YEARS OF AGE, WHICH HE OR
 SHE KNOWS HAS BEEN:

 1. USED IN THE COMMISSION OF A FELONY OFFENSE;
 2. STOLEN FROM ITS LAWFUL OWNER; OR
 3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
 ARTICLE.
 AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03334-03-2
 
       S. 558--A                           2
 

S  2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (b) as amended by chapter 148 of the laws  of  2011
 and  paragraph  (c)  as  amended by chapter 405 of the laws of 2010, are
 amended to read as follows:

 (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 SALE OF A FIREARM AS
 DEFINED IN SECTION 265.45, 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 biological weap
 on in the third degree as defined in section 490.37.
 (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 criminal sexual act in the second degree as defined in  section  130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual  conduct  against  a  child  in  the  second degree as defined in
 section 130.80, aggravated sexual abuse in the third degree  as  defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance as defined in section 130.90, criminal possession of a  weapon
 in  the third degree as defined in subdivision five, six, seven or eight
 of section 265.02, criminal sale of a firearm in  the  third  degree  as
 defined  in  section  265.11,  intimidating  a  victim or witness in the
 second degree as defined in  section  215.16,  soliciting  or  providing
 support  for  an  act  of  terrorism  in the second degree as defined in
 section 490.10, and making a terroristic threat as  defined  in  section
 490.20,  falsely reporting an incident in the first degree as defined in
 section 240.60, placing a false bomb or hazardous substance in the first
 degree as defined in section 240.62, placing a false bomb  or  hazardous
 substance  in a sports stadium or arena, mass transportation facility or
 enclosed shopping mall as defined in section 240.63, AGGRAVATED SALE  OF
 A FIREARM TO A MINOR AS DEFINED IN SECTION 265.50, and aggravated unper
 mitted  use  of  indoor  pyrotechnics  in the first degree as defined in
 section 405.18.
 

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.

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