Assembly Bill A5171

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

                                  5171

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to the commission of certain
  weapons offenses on school grounds

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

  Section  1. Section 265.00 of the penal law is amended by adding a new
subdivision 24 to read as follows:
  24. "SCHOOL GROUNDS" MEANS (A) ANY AREA IN, ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN
THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PARO-
CHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
AREA  ACCESSIBLE  TO  THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH  SCHOOL  OR  ANY  PARKED
AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  SUCH  SCHOOL.  FOR  THE
PURPOSES  OF  THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.
  S 2. Section 265.02 of the penal law is amended by adding a new subdi-
vision 9 to read as follows:
  (9) HE OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON  IN
THE  FOURTH DEGREE AS DEFINED IN SECTION 265.01 OF THIS ARTICLE AND SUCH
CRIME TAKES PLACE UPON SCHOOL GROUNDS.
  S 3. Section 265.03 of the penal law, as amended by chapter 742 of the
laws of 2006, subdivisions 1 and 3 as amended by chapter 745 of the laws
of 2006, is amended to read as follows:
S 265.03 Criminal possession of a weapon in the second degree.
  A person is guilty of criminal possession of a weapon  in  the  second
degree when:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07360-01-9

              

A. 5171                             2

  (1)  with  intent  to  use  the  same unlawfully against another, such
person:
  (a) possesses a machine-gun; or
  (b) possesses a loaded firearm; or
  (c) possesses a disguised gun; or
  (D)  COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE THIRD
DEGREE AS DEFINED IN SUBDIVISION ONE, TWO, THREE, FIVE, SIX,  SEVEN,  OR
EIGHT  OF  SECTION  265.02 OF THIS ARTICLE AND SUCH CRIME TAKES PLACE ON
SCHOOL GROUNDS; OR
  (2) such person possesses five or more firearms; or
  (3) such person possesses any loaded firearm.  Such  possession  shall
not, except as provided in subdivision one or seven of section 265.02 of
this  article,  constitute  a  violation  of  this  subdivision  if such
possession takes place in such person's home or place of business.
  Criminal possession of a weapon in the second  degree  is  a  class  C
felony.
  S 4. Section 265.04 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.04 Criminal possession of a weapon in the first degree.
  A  person  is  guilty  of criminal possession of a weapon in the first
degree when such person:
  (1) possesses any explosive substance with  intent  to  use  the  same
unlawfully against the person or property of another; or
  (2) possesses ten or more firearms[.]; OR
  (3) COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE SECOND
DEGREE  AS  DEFINED IN SUBDIVISION ONE OF SECTION 265.03 OF THIS ARTICLE
AND SUCH CRIME TAKES PLACE ON SCHOOL GROUNDS.
  Criminal possession of a weapon in the first degree is a class B felo-
ny.
  S 5. Section 265.12 of the penal law, as amended by chapter 764 of the
laws of 2005, is amended to read as follows:
S 265.12 Criminal sale of a firearm in the second degree.
  A person is guilty of criminal sale of a firearm in the second  degree
when such person:
  (1)  unlawfully sells, exchanges, gives or disposes of to another five
or more firearms; or
  (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
person  or  persons  a total of five or more firearms in a period of not
more than one year[.]; OR
  (3) COMMITS THE CRIME OF CRIMINAL SALE  OF  A  FIREARM  IN  THE  THIRD
DEGREE  AS  DEFINED  IN SUBDIVISION ONE OR TWO OF SECTION 265.11 OF THIS
ARTICLE AND SUCH CRIME TAKES PLACE ON SCHOOL GROUNDS.
  Criminal sale of a firearm in the second degree is a class C felony.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.