senate Bill S4911

Relates to the criminal facilitation of crimes involving firearms

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / May / 2013
    • REFERRED TO CODES

Summary

Relates to the criminal facilitation of crimes involving firearms.

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Bill Details

See Assembly Version of this Bill:
A2594
Versions:
S4911
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§115.08 & 20.00, Pen L

Sponsor Memo

BILL NUMBER:S4911

TITLE OF BILL: An act to amend the penal law, in relation to the
criminal facilitation of crimes involving firearms

SUMMARY OF SPECIFIC PROVISIONS: The bill adds Section 115.08 of the
Penal law extends the defining circumstances of criminal facilitation
guilt in the first degree to persons assisting, making available,
facilitating and/or providing an opportunity for a principal actor to
acquire an automatic weapon, shotgun, handgun or revolver, with which
a Class A felony is performed by the principal actor.

Similarly, the bill adds a new subdivision to §20.00 of the Penal Law
and assigns criminal liability to the facilitator the principal actor
as if he/she were the principal actor.

EXISTING LAW: Neither Article 115 nor §20.00 provide a definition nor
distinguish between an accomplice and an accessory. The terms appear
to be used interchangeably. Currently, the difference between criminal
facilitation and criminal liability is determined by the extent to
which the contributor or facilitator participates in the crime. Under
current New York State Law, a defendant cannot be charged with
facilitating a misdemeanor.

Currently criminal facilitation 1 a class B felony only when
facilitation is provided by an adult to a minor. Moreover the
facilitator would have to know that the perpetrator, a minor, was
being assisted in the execution of a crime.

JUSTIFICATION: The bill is precipitated by the recent shootings in
Webster, New York where an individual allegedly facilitated the
purchase of a semiautomatic weapon and shotgun for a convicted felon.
Said weapon was used for a homicide and ultimately a suicide.

The enactment of these amendments to Article 115 and § 20 of the Penal
Law serve as a disincentive for any individual to make available to
another a weapon that may result in the commission of a felony to be
equally culpable and accountable regardless of there not having been
shared participation in the criminal act by the facilitator.

EFFECTIVE DATE: First of November next succeeding the date on which it
shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4911

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 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:

  Section 1. Section 115.08 of the penal law, as added by chapter 422 of
the laws of 1978, is amended to read as follows:
S 115.08 Criminal facilitation in the first degree.
  A person is guilty  of  criminal  facilitation  in  the  first  degree
when[,]:
  1.  believing  it probable that he OR SHE is rendering aid to a person
under sixteen years of age who intends to engage in conduct  that  would
constitute  a  class  A  felony, he OR SHE, being over eighteen years of
age, engages in conduct which provides such person with means or  oppor-
tunity  for the commission thereof and which in fact aids such person to
commit such a class A felony; OR
  2.  BY IMPLICATION OF THE ACT, SUCH PERSON ASSISTS,  MAKES  AVAILABLE,
FACILITATES  AND/OR  PROVIDES  AN  OPPORTUNITY  FOR A PRINCIPAL ACTOR TO
ACQUIRE AN AUTOMATIC WEAPON, SHOTGUN, HANDGUN OR REVOLVER, WITH WHICH  A
CLASS A FELONY IS PERFORMED BY SUCH PRINCIPAL ACTOR.
  Criminal facilitation in the first degree is a class B felony.
  S  2.    The  opening  paragraph  of section 20.00 of the penal law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2.  A  PERSON WHO, BY IMPLICATION, KNOWINGLY SUSPECTS THAT A CRIME MAY
BE COMMITTED IF THE   PERSON SOLICITS, REQUESTS,  COMMANDS,  IMPORTUNES,
INTENTIONALLY  AIDS OR FACILITATES THE ACQUISITION OF AN AUTOMATIC WEAP-
ON, SHOTGUN, HANDGUN OR REVOLVER WHICH IS THEN USED BY A PRINCIPAL ACTOR
TO COMMIT A CLASS A FELONY, SHALL BE CRIMINALLY LIABLE FOR  THE  COMMIS-
SION  OF  THE  OFFENSE,  AS IF THE PERSON WERE THE PRINCIPAL ACTOR. SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07343-01-3

S. 4911                             2

PERSON, BY AIDING AND ABETTING IN THE COMMISSION OF THE CRIME  SHALL  BE
PROSECUTED EVEN IF THE PRINCIPAL ACTOR IS ACQUITTED.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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