S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5602
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 24, 2013
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to  community  guns  and  the
         criminal sale of a firearm in the first and third degrees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 115.00 of the penal law, as amended by chapter  422
    2  of the laws of 1978, is amended to read as follows:
    3  S 115.00 Criminal facilitation in the fourth degree.
    4    A  person  is  guilty  of  criminal  facilitation in the fourth degree
    5  when[,]:
    6    1. believing it probable that he OR SHE is rendering aid:
    7    [1.] A. to a person who intends to commit a crime, he OR  SHE  engages
    8  in  conduct which provides such person with means or opportunity for the
    9  commission thereof and which in fact aids such person to commit a  felo-
   10  ny; or
   11    [2.]  B.  to a person under sixteen years of age who intends to engage
   12  in conduct which would constitute a crime, he OR SHE, being  over  eigh-
   13  teen  years  of  age, engages in conduct which provides such person with
   14  means or opportunity for the commission thereof and which in  fact  aids
   15  such person to commit a crime; OR
   16    2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
   17  POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
   18  DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
   19  AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
   20  ING,  BUT  NOT  LIMITED  TO,  A  FELONY SET FORTH IN ARTICLE TWO HUNDRED
   21  SIXTY-FIVE OF THIS PART; OR
   22    3. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
   23  PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
   24  AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR
   25  ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06323-02-3
       S. 5602                             2
    1  AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A  CRIME,  INCLUDING,
    2  BUT  NOT LIMITED TO, A CRIME SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
    3  OF THIS PART.
    4    Criminal facilitation in the fourth degree is a class A misdemeanor.
    5    S  2.  Section 115.01 of the penal law, as added by chapter 422 of the
    6  laws of 1978, is amended to read as follows:
    7  S 115.01 Criminal facilitation in the third degree.
    8    A person IS guilty of criminal facilitation in the third degree, when:
    9    1. believing it probable that he OR SHE is rendering aid to  a  person
   10  under  sixteen  years of age who intends to engage in conduct that would
   11  constitute a felony, he OR  SHE,  being  over  eighteen  years  of  age,
   12  engages  in conduct which provides such person with means or opportunity
   13  for the commission thereof and which in fact aids such person to  commit
   14  a felony; OR
   15    2.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
   16  PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
   17  AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR
   18  ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
   19  AIDS  A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A FELONY, INCLUDING,
   20  BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
   21  OF THIS PART.
   22    Criminal facilitation in the third degree is a class E felony.
   23    S 3. Section 115.05 of the penal law, as amended by chapter 422 of the
   24  laws of 1978, is amended to read as follows:
   25  S 115.05 Criminal facilitation in the second degree.
   26    A person is guilty of  criminal  facilitation  in  the  second  degree
   27  when[,]:
   28    1.  believing  it probable that he OR SHE is rendering aid to a person
   29  who intends to commit a class A felony, he OR  SHE  engages  in  conduct
   30  which  provides such person with means or opportunity for the commission
   31  thereof and which in fact aids  such  person  to  commit  such  class  A
   32  felony; OR
   33    2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
   34  POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
   35  DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
   36  AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A CLASS A FELONY.
   37    Criminal facilitation in the second degree is a class C felony.
   38    S  4.  Section 115.08 of the penal law, as added by chapter 422 of the
   39  laws of 1978, is amended to read as follows:
   40  S 115.08 Criminal facilitation in the first degree.
   41    A person is guilty  of  criminal  facilitation  in  the  first  degree
   42  when[,]:
   43    1.  believing  it probable that he OR SHE is rendering aid to a person
   44  under sixteen years of age who intends to engage in conduct  that  would
   45  constitute  a  class  A  felony, he OR SHE, being over eighteen years of
   46  age, engages in conduct which provides such person with means or  oppor-
   47  tunity  for the commission thereof and which in fact aids such person to
   48  commit such a class A felony; OR
   49    2. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
   50  PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
   51  AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR
   52  ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
   53  AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CLASS A FELONY.
   54    Criminal facilitation in the first degree is a class B felony.
   55    S 5. Section 115.15 of the penal law is amended to read as follows:
   56  S 115.15 Criminal facilitation; corroboration.
       S. 5602                             3
    1    A person shall not be convicted  of  criminal  facilitation  upon  the
    2  testimony  of a person who has committed the felony charged to have been
    3  facilitated unless such testimony be corroborated by such other evidence
    4  as tends to connect the defendant with such facilitation; PROVIDED  THAT
    5  THIS  SECTION  SHALL  NOT APPLY TO A CONVICTION OF CRIMINAL FACILITATION
    6  FOR SHARING, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR  DISPOSING
    7  OF A COMMUNITY GUN, OR ASSISTING ANY PERSON IN SUCH ACTIVITY.
    8    S  6.  The penal law is amended by adding a new section 115.20 to read
    9  as follows:
   10  S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
   11    AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
   12  MEANINGS:
   13    1.  "COMMUNITY  GUN"  SHALL MEAN A FIREARM THAT IS SHARED, MADE AVAIL-
   14  ABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR MORE
   15  PERSONS, AT LEAST ONE OF WHOM IS  NOT  AUTHORIZED  PURSUANT  TO  LAW  TO
   16  POSSESS A FIREARM.
   17    2.  "DISPOSE  OF"  SHALL  HAVE THE SAME MEANING AS PROVIDED IN SECTION
   18  265.00 OF THIS PART.
   19    3. "SHARE" AND "MAKE AVAILABLE" SHALL, IN THE CASE OF  A  FIREARM,  BE
   20  CONSTRUED  TO INCLUDE, BUT SHALL NOT BE LIMITED TO, PLACING SUCH FIREARM
   21  AT A LOCATION ACCESSIBLE AND KNOWN TO ONE OR MORE OTHER PERSONS.
   22    S 7. Section 265.00 of the penal law is amended by adding a new subdi-
   23  vision 25 to read as follows:
   24    25. "COMMUNITY GUN" SHALL HAVE THE DEFINITION  SET  FORTH  IN  SECTION
   25  115.20 OF THIS PART, AND THE TERMS "SHARE" AND "MAKE AVAILABLE" SHALL BE
   26  CONSTRUED AS SET FORTH IN SUCH SECTION.
   27    S 8. Section 265.11 of the penal law, as amended by chapter 764 of the
   28  laws of 2005, is amended to read as follows:
   29  S 265.11 Criminal sale of a firearm in the third degree.
   30    A  person  is guilty of criminal sale of a firearm in the third degree
   31  when such person is not authorized pursuant to law to possess a  firearm
   32  and such person unlawfully either:
   33    (1) sells, exchanges, gives or disposes of a firearm or large capacity
   34  ammunition feeding device to another person; [or]
   35    (2) possesses a firearm with the intent to sell it; OR
   36    (3) SHARE OR MAKES AVAILABLE A COMMUNITY GUN.
   37    Criminal sale of a firearm in the third degree is a class D felony.
   38    S 9. Section 265.13 of the penal law, as amended by chapter 764 of the
   39  laws of 2005, is amended to read as follows:
   40  S 265.13 Criminal sale of a firearm in the first degree.
   41    A  person  is guilty of criminal sale of a firearm in the first degree
   42  when such person:
   43    (1) unlawfully sells, exchanges, gives or disposes of to  another  ten
   44  or more firearms; [or]
   45    (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
   46  person or persons a total of ten or more firearms in  a  period  of  not
   47  more than one year; OR
   48    (3)  BEING  NOT  AUTHORIZED BY NEW YORK STATE LAW TO POSSESS A FIREARM
   49  UNLAWFULLY SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES, OR DISPOSES
   50  OF A FIREARM TO ANOTHER PERSON, AND, WITHIN THREE YEARS THEREAFTER,  THE
   51  FIREARM  IS  DISCHARGED  AND  CAUSES  THE DEATH OF ANOTHER PERSON.   THE
   52  PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY WHEN  SUCH  FIREARM  WAS
   53  DISCHARGED   INTENTIONALLY,  RECKLESSLY  OR  WITH  CRIMINAL  NEGLIGENCE,
   54  PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION SHALL  NOT  APPLY  WHEN
   55  SUCH  FIREARM  WAS  DISCHARGED  INTENTIONALLY FOR PURPOSES OF COMMITTING
       S. 5602                             4
    1  SUICIDE. FOR PURPOSES OF THIS  SUBDIVISION,  THE  TERM  "FIREARM"  SHALL
    2  INCLUDE BUT NOT BE LIMITED TO A COMMUNITY GUN.
    3    Criminal sale of a firearm in the first degree is a class B felony.
    4    S  10.  This  act  shall  take effect on the one hundred eightieth day
    5  after it shall have become a law.