Bill Text: NY A08926 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the criminal facilitation of crimes involving firearms.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-19 - referred to codes [A08926 Detail]
Download: New_York-2021-A08926-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8926 IN ASSEMBLY January 19, 2022 ___________ 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: 1 Section 1. Section 115.08 of the penal law, as added by chapter 422 of 2 the laws of 1978, is amended to read as follows: 3 § 115.08 Criminal facilitation in the first degree. 4 A person is guilty of criminal facilitation in the first degree 5 when[,]: 6 1. believing it probable that he or she is rendering aid to a person 7 under sixteen years of age who intends to engage in conduct that would 8 constitute a class A felony, he or she, being over eighteen years of 9 age, engages in conduct which provides such person with means or oppor- 10 tunity for the commission thereof and which in fact aids such person to 11 commit such a class A felony; or 12 2. by implication of the act, such person assists, makes available, 13 facilitates and/or provides an opportunity for a principal actor to 14 acquire an automatic weapon, shotgun, handgun or revolver, with which a 15 class A felony is performed by such principal actor. 16 Criminal facilitation in the first degree is a class B felony. 17 § 2. The opening paragraph of section 20.00 of the penal law is 18 designated subdivision 1 and a new subdivision 2 is added to read as 19 follows: 20 2. A person who, by implication, knowingly suspects that a crime may 21 be committed if the person solicits, requests, commands, importunes, 22 intentionally aids or facilitates the acquisition of an automatic weap- 23 on, shotgun, handgun or revolver which is then used by a principal actor 24 to commit a class A felony, shall be criminally liable for the commis- 25 sion of the offense, as if the person were the principal actor. Such 26 person, by aiding and abetting in the commission of the crime shall be 27 prosecuted even if the principal actor is acquitted. 28 § 3. This act shall take effect on the first of November next succeed- 29 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. LBD14235-01-2