Bill Text: NY A00057 | 2013-2014 | General Assembly | Introduced

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Bill Title: Makes criminal facilitation of a crime by providing a weapon to a minor a class A felony and requires a consecutive sentence therefor.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A00057 Detail]

Download: New_York-2013-A00057-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          57
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. KAVANAGH, CASTRO, GIBSON, HOOPER, SCARBOROUGH,
         TITONE, WEISENBERG, COLTON, WEPRIN -- Multi-Sponsored by -- M.  of  A.
         BOYLAND, COOK, HEASTIE, MARKEY, McDONOUGH, McKEVITT, ROBINSON, SALADI-
         NO -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to the crime of criminal
         facilitation by providing a weapon to a minor
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 115.09 to
    2  read as follows:
    3  S 115.09 CRIMINAL FACILITATION BY PROVIDING A WEAPON TO A MINOR.
    4    A PERSON IS GUILTY OF CRIMINAL FACILITATION BY PROVIDING A WEAPON TO A
    5  MINOR WHEN, BELIEVING IT IS PROBABLE THAT HE OR SHE IS RENDERING AID  TO
    6  A  PERSON  UNDER  SIXTEEN  YEARS OF AGE WHO INTENDS TO ENGAGE IN CONDUCT
    7  THAT WOULD CONSTITUTE A CRIME, HE OR SHE, BEING OVER EIGHTEEN  YEARS  OF
    8  AGE,  SELLS,  EXCHANGES, GIVES, DISPOSES, OR OTHERWISE PROVIDES A WEAPON
    9  TO SUCH PERSON, AND THEREBY PROVIDES  SUCH  PERSON  WITH  THE  MEANS  OR
   10  OPPORTUNITY  FOR  THE  COMMISSION OF A CRIME AND WHICH IN FACT AIDS SUCH
   11  PERSON TO COMMIT A CRIME.
   12    CRIMINAL FACILITATION BY PROVIDING A WEAPON TO A MINOR IS  A  CLASS  A
   13  FELONY.
   14    S  2. Section 70.25 of the penal law is amended by adding a new subdi-
   15  vision 2-h to read as follows:
   16    2-H. WHENEVER A  PERSON  IS  CONVICTED  OF  CRIMINAL  FACILITATION  BY
   17  PROVIDING A WEAPON TO A MINOR AS DEFINED IN SECTION 115.09 OF THIS CHAP-
   18  TER,  THE  SENTENCE IMPOSED BY THE COURT FOR SUCH OFFENSE MAY BE ORDERED
   19  TO RUN CONSECUTIVELY TO ANY  SENTENCE  IMPOSED  UPON  CONVICTION  OF  AN
   20  OFFENSE ARISING FROM THE SAME CRIMINAL TRANSACTION.
   21    S 3. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02196-01-3