S T A T E O F N E W Y O R K
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4689
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
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Introduced by M. of A. CLARK, SIMOTAS, JAFFEE -- Multi-Sponsored by --
M. of A. COOK, ENGLEBRIGHT, GOTTFRIED -- read once and referred 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:
Section 1. Section 115.00 of the penal law, as amended by chapter 422
of the laws of 1978, is amended to read as follows:
S 115.00 Criminal facilitation in the fourth degree.
A person is guilty of criminal facilitation in the fourth degree
when[,]:
1. believing it probable that he OR SHE is rendering aid:
[1.] A. to a person who intends to commit a crime, he OR SHE engages
in conduct which provides such person with means or opportunity for the
commission thereof and which in fact aids such person to commit a felo-
ny; or
[2.] B. to a person under sixteen years of age who intends to engage
in conduct which would constitute a crime, he OR SHE, being over eigh-
teen years of age, engages in conduct which provides such person with
means or opportunity for the commission thereof and which in fact aids
such person to commit a crime; OR
2. HE OR SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
ING, BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED
SIXTY-FIVE OF THIS PART; OR
3. HE OR SHE, BEING OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
PURSUANT TO NEW YORK STATE LAW TO POSSESS A FIREARM, SHARES, MAKES
AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A COMMUNITY GUN, OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08638-01-5
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ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CRIME, INCLUDING,
BUT NOT LIMITED TO, A CRIME SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
OF THIS PART.
Criminal facilitation in the fourth degree is a class A misdemeanor.
S 2. Section 115.01 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.01 Criminal facilitation in the third degree.
A person IS guilty of criminal facilitation in the third 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 felony, he OR SHE, being over eighteen years of age,
engages in conduct which provides such person with means or opportunity
for the commission thereof and which in fact aids such person to commit
a felony; OR
2. HE OR SHE, BEING OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
PURSUANT TO NEW YORK STATE LAW TO POSSESS A FIREARM, SHARES, MAKES
AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A COMMUNITY GUN, OR
ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A FELONY, INCLUDING,
BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
OF THIS PART.
Criminal facilitation in the third degree is a class E felony.
S 3. Section 115.05 of the penal law, as amended by chapter 422 of the
laws of 1978, is amended to read as follows:
S 115.05 Criminal facilitation in the second degree.
A person is guilty of criminal facilitation in the second degree
when[,]:
1. believing it probable that he OR SHE is rendering aid to a person
who intends to commit a class A felony, he OR SHE engages in conduct
which provides such person with means or opportunity for the commission
thereof and which in fact aids such person to commit such class A
felony; OR
2. HE OR SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A CLASS A FELONY.
Criminal facilitation in the second degree is a class C felony.
S 4. 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. HE OR SHE, BEING OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
PURSUANT TO NEW YORK STATE LAW TO POSSESS A FIREARM, SHARES, MAKES
AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A COMMUNITY GUN, OR
ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CLASS A FELONY.
Criminal facilitation in the first degree is a class B felony.
S 5. Section 115.15 of the penal law is amended to read as follows:
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S 115.15 Criminal facilitation; corroboration.
A person shall not be convicted of criminal facilitation upon the
testimony of a person who has committed the felony charged to have been
facilitated unless such testimony be corroborated by such other evidence
as tends to connect the defendant with such facilitation; PROVIDED THAT
THIS SECTION SHALL NOT APPLY TO A CONVICTION OF CRIMINAL FACILITATION
FOR SHARING, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
OF A COMMUNITY GUN, OR ASSISTING ANY PERSON IN SUCH ACTIVITY.
S 6. Section 115.20 of the penal law, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
S 115.20 Criminal facilitation; definitions and construction.
[For purposes of this article, such conduct shall include, but not be
limited to, making available, selling, exchanging, giving or disposing
of a community gun, which in fact, aids a person to commit a crime.
"Community gun" shall mean a firearm that is actually shared, made
available, sold, exchanged, given or disposed of among or between two or
more persons, at least one of whom is not authorized pursuant to law to
possess such firearm. "Dispose of" shall have the same meaning as that
term is defined in section 265.00 of this chapter. "Share" and "make
available" shall, in the case of a firearm, be construed to include
knowingly placing such firearm at a location accessible and known to one
or more other persons.]
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "COMMUNITY GUN" SHALL MEAN A FIREARM THAT IS SHARED, MADE AVAIL-
ABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR MORE
PERSONS, AT LEAST ONE OF WHOM IS NOT AUTHORIZED PURSUANT TO LAW TO
POSSESS A FIREARM.
2. "DISPOSE OF" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
265.00 OF THIS PART.
3. "SHARE" AND "MAKE AVAILABLE" SHALL, IN THE CASE OF A FIREARM, BE
CONSTRUED TO INCLUDE, BUT SHALL NOT BE LIMITED TO, PLACING SUCH FIREARM
AT A LOCATION ACCESSIBLE AND KNOWN TO ONE OR MORE OTHER PERSONS.
S 7. Section 265.00 of the penal law is amended by adding a new subdi-
vision 26 to read as follows:
26. "COMMUNITY GUN" SHALL HAVE THE DEFINITION SET FORTH IN SECTION
115.20 OF THIS PART, AND THE TERMS "SHARE" AND "MAKE AVAILABLE" SHALL BE
CONSTRUED AS SET FORTH IN SUCH SECTION.
S 8. Section 265.11 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.11 Criminal sale of a firearm in the third degree.
A person is guilty of criminal sale of a firearm in the third degree
when such person is not authorized pursuant to law to possess a firearm
and such person unlawfully either:
(1) sells, exchanges, gives or disposes of a firearm or large capacity
ammunition feeding device to another person; [or]
(2) possesses a firearm with the intent to sell it; OR
(3) SHARE OR MAKES AVAILABLE A COMMUNITY GUN.
Criminal sale of a firearm in the third degree is a class D felony.
S 9. Section 265.13 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.13 Criminal sale of a firearm in the first degree.
A person is guilty of criminal sale of a firearm in the first degree
when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another ten
or more firearms; [or]
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(2) unlawfully sells, exchanges, gives or disposes of to another
person or persons a total of ten or more firearms in a period of not
more than one year; OR
(3) BEING NOT AUTHORIZED BY NEW YORK STATE LAW TO POSSESS A FIREARM
UNLAWFULLY SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES, OR DISPOSES
OF A FIREARM TO ANOTHER PERSON, AND, WITHIN THREE YEARS THEREAFTER, THE
FIREARM IS DISCHARGED AND CAUSES THE DEATH OF ANOTHER PERSON. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY WHEN SUCH FIREARM WAS
DISCHARGED INTENTIONALLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE,
PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHEN
SUCH FIREARM WAS DISCHARGED INTENTIONALLY FOR PURPOSES OF COMMITTING
SUICIDE. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "FIREARM" SHALL
INCLUDE BUT NOT BE LIMITED TO A COMMUNITY GUN.
Criminal sale of a firearm in the first degree is a class B felony.
S 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law.