Bill Text: NY S06787 | 2015-2016 | General Assembly | Introduced

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Bill Title: Makes it a class B violent felony to fire a gun into a crowded space with the intent to harm or absent the intent to harm when such an act creates a great risk of death to one or more people within the crowded space; establishes the crime of criminal use of weapons; firing into a crowded space.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-17 - referred to codes [S06787 Detail]

Download: New_York-2015-S06787-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6787
                    IN SENATE
                                    February 22, 2016
                                       ___________
        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 establishing the crime  of
          criminal use of weapons; firing into a crowded space
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 1  of  section  70.02  of  the
     2  penal  law, as amended by chapter 368 of the laws of 2015, is amended to
     3  read as follows:
     4    (a) Class B violent felony offenses: an attempt to  commit  the  class
     5  A-I  felonies  of  murder  in  the  second  degree as defined in section
     6  125.25, kidnapping in the first degree as defined in section 135.25, and
     7  arson in the first degree as defined in section 150.20; manslaughter  in
     8  the  first  degree as defined in section 125.20, aggravated manslaughter
     9  in the first degree as defined in section  125.22,  rape  in  the  first
    10  degree  as  defined  in section 130.35, criminal sexual act in the first
    11  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    12  first  degree  as  defined  in  section 130.70, course of sexual conduct
    13  against a child in the first degree as defined in section 130.75; crimi-
    14  nal use of weapons; firing into a crowded space as  defined  in  section
    15  265.34;  assault  in  the  first  degree  as  defined in section 120.10,
    16  kidnapping in the second degree as defined in section  135.20,  burglary
    17  in  the  first  degree as defined in section 140.30, arson in the second
    18  degree as defined in section 150.15, robbery  in  the  first  degree  as
    19  defined  in section 160.15, sex trafficking as defined in paragraphs (a)
    20  and (b) of subdivision five of  section  230.34,  incest  in  the  first
    21  degree  as defined in section 255.27, criminal possession of a weapon in
    22  the first degree as defined in section 265.04, criminal use of a firearm
    23  in the first degree as defined in section 265.09,  criminal  sale  of  a
    24  firearm  in  the  first  degree as defined in section 265.13, aggravated
    25  assault upon a police officer or a peace officer as defined  in  section
    26  120.11,  gang  assault in the first degree as defined in section 120.07,
    27  intimidating a victim or witness in  the  first  degree  as  defined  in
    28  section  215.17,  hindering prosecution of terrorism in the first degree
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14064-07-6