Bill Text: NY S04657 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying what appears to be or is a rifle, pistol, revolver, shotgun, machine gun or other firearm during the commission of a class A or violent felony; repeals the offenses of criminal use of a firearm in the first and second degrees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04657 Detail]

Download: New_York-2023-S04657-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4657

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 13, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, the general business law and the  vehicle
          and  traffic  law,  in  relation  to criminal use of a firearm; and to
          repeal sections 265.08 and 265.09 of the penal law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
     2  the  penal  law,  paragraph (a) as amended by chapter 189 of the laws of
     3  2018 and paragraph (b) as amended by chapter 94 of the laws of 2020, are
     4  amended to read as follows:
     5    (a) Class B violent felony offenses: an attempt to  commit  the  class
     6  A-I  felonies  of  murder  in  the  second  degree as defined in section
     7  125.25, kidnapping in the first degree as defined in section 135.25, and
     8  arson in the first degree as defined in section 150.20; manslaughter  in
     9  the  first  degree as defined in section 125.20, aggravated manslaughter
    10  in the first degree as defined in section  125.22,  rape  in  the  first
    11  degree  as  defined  in section 130.35, criminal sexual act in the first
    12  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    13  first  degree  as  defined  in  section 130.70, course of sexual conduct
    14  against a child in the  first  degree  as  defined  in  section  130.75;
    15  assault  in the first degree as defined in section 120.10, kidnapping in
    16  the second degree as defined in section 135.20, burglary  in  the  first
    17  degree  as  defined  in  section  140.30,  arson in the second degree as
    18  defined in section 150.15, robbery in the first  degree  as  defined  in
    19  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    20  subdivision five of section  230.34,  sex  trafficking  of  a  child  as
    21  defined  in  section  230.34-a, incest in the first degree as defined in
    22  section 255.27, criminal possession of a weapon in the first  degree  as
    23  defined  in  section  265.04,  [criminal  use  of a firearm in the first
    24  degree as defined in section 265.09,] criminal sale of a firearm in  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08702-01-3
        S. 4657                             2

     1  first  degree  as  defined  in section 265.13, aggravated assault upon a
     2  police officer or a peace officer as defined  in  section  120.11,  gang
     3  assault in the first degree as defined in section 120.07, intimidating a
     4  victim  or  witness  in  the  first degree as defined in section 215.17,
     5  hindering prosecution of terrorism in the first  degree  as  defined  in
     6  section  490.35,  criminal possession of a chemical weapon or biological
     7  weapon in the second degree as defined in section 490.40,  and  criminal
     8  use  of  a  chemical  weapon or biological weapon in the third degree as
     9  defined in section 490.47.
    10    (b) Class C violent felony offenses: an attempt to commit any  of  the
    11  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    12  vated criminally negligent homicide as defined in section 125.11, aggra-
    13  vated manslaughter in the second degree as defined  in  section  125.21,
    14  aggravated  sexual  abuse  in  the  second  degree as defined in section
    15  130.67, assault on a peace officer, police officer, firefighter or emer-
    16  gency medical  services  professional  as  defined  in  section  120.08,
    17  assault  on  a  judge  as defined in section 120.09, gang assault in the
    18  second degree as defined in section 120.06, strangulation in  the  first
    19  degree as defined in section 121.13, aggravated strangulation as defined
    20  in section 121.13-a, burglary in the second degree as defined in section
    21  140.25, robbery in the second degree as defined in section 160.10, crim-
    22  inal  possession  of a weapon in the second degree as defined in section
    23  265.03, [criminal use of a firearm in the second degree  as  defined  in
    24  section  265.08,]  criminal  sale  of  a firearm in the second degree as
    25  defined in section 265.12, criminal sale of a firearm with the aid of  a
    26  minor  as defined in section 265.14, aggravated criminal possession of a
    27  weapon as defined in section 265.19, soliciting or providing support for
    28  an act of terrorism in the first degree as defined  in  section  490.15,
    29  hindering  prosecution  of  terrorism in the second degree as defined in
    30  section 490.30, and criminal possession of a chemical weapon or  biolog-
    31  ical weapon in the third degree as defined in section 490.37.
    32    §  2.  Sections  265.08 and 265.09 of the penal law are REPEALED and a
    33  new section 265.70 is added to read as follows:
    34  § 265.70 Criminal use of a firearm.
    35    A person is guilty of criminal use of a firearm when he or she commits
    36  a class A felony or a violent felony offense, as defined in  subdivision
    37  one of section 70.02 of this chapter and he or she either:
    38    1.  possesses  a deadly weapon, if such weapon is a loaded weapon from
    39  which a shot, readily capable of producing  death  or  serious  physical
    40  injury may be discharged; or
    41    2.  displays what appears to be or is a pistol, revolver, rifle, shot-
    42  gun, machine gun or other firearm.
    43    Criminal use of a firearm is a class A-I felony.
    44    § 3. Paragraph f of subdivision 1 of section 410 of the general  busi-
    45  ness  law,  as amended by chapter 189 of the laws of 2018, is amended to
    46  read as follows:
    47    f. Conviction of any of the following crimes subsequent to  the  issu-
    48  ance of a license or registration pursuant to this article: fraud pursu-
    49  ant  to  sections  170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and
    50  190.65; falsifying business records pursuant to  section  175.10;  grand
    51  larceny  pursuant  to  article 155; bribery pursuant to sections 180.03,
    52  180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,  200.12,
    53  200.45,  200.50;  perjury  pursuant  to sections 210.10, 210.15, 210.40;
    54  assault pursuant to sections 120.05,  120.10,  120.11,  120.12;  robbery
    55  pursuant  to  article  160;  homicide  pursuant  to  sections 125.25 and
    56  125.27; manslaughter pursuant to sections 125.15 and 125.20;  kidnapping
        S. 4657                             3

     1  and  unlawful  imprisonment  pursuant  to  sections  135.10,  135.20 and
     2  135.25; unlawful weapons possession pursuant to sections 265.02,  265.03
     3  and  265.04; criminal use of a weapon pursuant to former sections 265.08
     4  and  265.09,  and  section 265.70; criminal sale of a weapon pursuant to
     5  sections 265.11 and 265.12; compelling prostitution pursuant to  section
     6  230.33; sex trafficking pursuant to section 230.34; sex trafficking of a
     7  child pursuant to section 230.34-a; and sex offenses pursuant to article
     8  130  of  the penal law. Provided, however, that for the purposes of this
     9  article, none of the following shall be considered criminal  convictions
    10  or  reported as such: (i) a conviction for which an executive pardon has
    11  been issued pursuant to the executive law; (ii) a conviction  which  has
    12  been  vacated  and  replaced  by a youthful offender finding pursuant to
    13  article seven hundred twenty of  the  criminal  procedure  law,  or  the
    14  applicable  provisions  of  law  of  any  other jurisdiction; or (iii) a
    15  conviction the records of which have been expunged or sealed pursuant to
    16  the applicable provisions of the laws of this  state  or  of  any  other
    17  jurisdiction; and (iv) a conviction for which other evidence of success-
    18  ful rehabilitation to remove the disability has been issued.
    19    §  4.  Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
    20  and traffic law, as amended by chapter 189  of  the  laws  of  2018,  is
    21  amended to read as follows:
    22    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    23  subdivision one and paragraph (a) of subdivision  two  of  this  section
    24  that  result  in  permanent  disqualification shall include a conviction
    25  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    26  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
    27  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
    28  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,  263.11,
    29  263.15, 263.16 and 265.70 of the penal law or an attempt to  commit  any
    30  of  the aforesaid offenses under section 110.00 of the penal law, or any
    31  offenses committed under a former section of the penal law  which  would
    32  constitute violations of the aforesaid sections of the penal law, or any
    33  offenses  committed outside this state which would constitute violations
    34  of the aforesaid sections of the penal law.
    35    § 5. This act shall take effect on the first of November next succeed-
    36  ing the date on which it shall have become  a  law;  provided  that  the
    37  provisions  of  sections  one  and  two  of this act shall only apply to
    38  offenses committed on or after such effective date.