senate Bill S6634

Amended

Establishes the class B felony of aggravated assault upon a person less than ten years old and expands criminal use of a firearm in the second degree to include commission of certain felonies on school grounds

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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

  • 19 / Feb / 2014
    • REFERRED TO CODES
  • 08 / May / 2014
    • AMEND AND RECOMMIT TO CODES
  • 08 / May / 2014
    • PRINT NUMBER 6634A
  • 13 / May / 2014
    • 1ST REPORT CAL.762
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / May / 2014
    • AMENDED ON THIRD READING (T) 6634B
  • 03 / Jun / 2014
    • AMENDED ON THIRD READING 6634C
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Enacts "Luisito's law"; establishes the class B felony of aggravated assault upon a person less than ten years old; includes within the class C felony of criminal use of a firearm in the second degree the possession of a weapon while committing certain specified class C or D felonies upon school grounds or within 250 feet of a playground in the city of New York.

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Bill Details

See Assembly Version of this Bill:
A8361A
Versions:
S6634
S6634A
S6634B
S6634C
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L

Votes

10
0
10
Aye
0
Nay
6
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S6634

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the offenses of aggravated assault upon a person less
than ten years old and criminal use of a firearm on a playground

PURPOSE OR GENERAL IDEA OF BILL:

The purposes of this bill is to establish an act to be called
"Luisito's Law". It establishes a separate class B felony of
aggravated assault upon a person who is less than ten years old and
the Class C felony of criminal use of a firearm near a children's
playground.

SPECIFIC PROVISIONS:

Section 1: Enacts amendments to the Penal Law to establish and to be
known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes
that are to be considered to be a Class B violent felony a new crime
of aggravated assault upon a person less than ten years old as such
crime is to be established pursuant to new Penal Law section 120.12-a
(bill section 3); and 2) Add to those crimes that are considered to be
a Class C violent felony a new crime of criminal use of a firearm on a
playground as such crime is to be established pursuant to new Penal
Law section 265.09-a (bill section 4).

Section 3: Adds a new Penal Law section 120.12-a, relating to
aggravated assault upon a person less than ten years old within
Article 120 that covers assault and related offenses. This provision
adds the new crime of aggravated assault upon a person that is less
than ten years old, if the assailant is 18 years or older, and such
person with the intent to cause physical injury to another person,
causes injury by means of a deadly weapon or dangerous instrument.
Conviction of this crime would be a Class B felony.

Section 4: Adds a new Penal Law section 265.09-a, relating to criminal
use of a firearm on a playground. A person would be guilty of such a
crime upon the discharge of a firearm upon or within 500 feet of any
area or premises dedicated to recreational use by children, including
but not limited to parks, playgrounds, or outdoor school playgrounds.
Conviction of this crime would be a Class C felony.

JUSTIFICATION:

This new law will be named after Luis Oyola, Jr., a three year old boy
who was struck by a stray bullet in the West Farms neighborhood of the
Bronx.

Luis was hit with a stray bullet on August 30, 2013, while in Vidalia
Park with his family. Vidalia Park is located on East 180th Street
between Daly Avenue and Vyse Avenue in the West Farms section of the
Bronx. After being hit in the arm by a bullet, he was taken to St.
Barnabas Hospital where he, thankfully, has made his recovery. The
suspect in the Luis' case has been charged with attempted murder as
well as assaulting a child. Using today's laws, the attempted murder


charge carries a sentence of 15 to 25 years in prison, while, the
assault charge only carries a sentence of 1 1/2 to 4 years in prison.
Given that it is more difficult to convict an accused person of
attempted murder, due to the need to prove actual intent to commit the
murder in question, the fall back charge of assault may be the only
charge that the court can accept in this case.

The enactment of Luisito's Law will change the current law by enacting
a new crime to enhance the punishment of a person convicted of
aggravated assault of a child under the age of 10 years old by means
of a deadly weapon or dangerous instrument. Further, enacting a new
enhanced crime to make it a Class C felony for anyone to discharge a
firearm in or near a playground, regardless of if a child or any other
person is injured, should help to deter anyone from firing a firearm
near a playground or park that is used for recreational purposes by
children.

Each year many children in this state become the victims of
unnecessary violence when hit with stray bullets or shrapnel. These
children are innocent victims who can face a lifetime of physical pain
& suffering, and psychological damage at the hands of violent
criminals. This bill would also help to ensure that around playgrounds
that children and young families use to play in would be in a zone of
safety to protect children from anyone who discharges a firearm on
such playground or within 500 feet of such playground. The enactment
of this bill should help to ensure that anyone who harms a child,
whether on purpose or not, is punished justly.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date upon which it shall have become law.

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

                                  6634

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  offenses
  of aggravated assault upon a person less than ten years old and crimi-
  nal use of a firearm on a playground

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (b)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section 160.15, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as
defined  in  section  265.13, AGGRAVATED ASSAULT UPON A PERSON LESS THAN
TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon  a
police  officer  or  a  peace officer as defined in section 120.11, gang

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-01-4

S. 6634                             2

assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree  as  defined  in  section  215.17,
hindering  prosecution  of  terrorism  in the first degree as defined in
section  490.35,  criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40,  and  criminal
use  of  a  chemical  weapon or biological weapon in the third degree as
defined in section 490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal possession of a weapon in the second degree as defined  in  section
265.03,  criminal  use  of  a firearm in the second degree as defined in
section 265.08, CRIMINAL USE OF A FIREARM ON A PLAYGROUND AS DEFINED  IN
SECTION  265.09-A,  criminal  sale  of a firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, aggravated criminal possession of a
weapon as defined in section 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  S 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
INSTRUMENT.
  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
FELONY.
  S 4. The penal law is amended by adding a new section 265.09-a to read
as follows
S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A  PLAYGROUND  WHEN
HE  OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
OTHER FIREARM UPON OR WITHIN FIVE HUNDRED FEET OF ANY AREA  OR  PREMISES
DEDICATED TO RECREATIONAL USE BY CHILDREN.
  CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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