S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5493
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, SEAWRIGHT -- read once and referred 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:
 § 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.
   §  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. SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09495-01-7

 A. 5493                             2
 
 PERSON, BY AIDING AND ABETTING IN THE COMMISSION OF THE CRIME  SHALL  BE
 PROSECUTED EVEN IF THE PRINCIPAL ACTOR IS ACQUITTED.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.