S T A T E O F N E W Y O R K
________________________________________________________________________
1878
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. CALHOUN, CROUCH -- Multi-Sponsored by -- M. of A.
ALFANO, BACALLES, BARRA, CONTE, ERRIGO, FINCH, KOLB, MILLER, OAKS,
TEDISCO, TOWNSEND -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, the vehicle and traffic law and the
general business law, in relation to the criminal use of a firearm
during the commission of a crime and to repeal section 265.09 of the
penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.08 of the penal law, as added by chapter 233 of
the laws of 1980, is amended to read as follows:
S 265.08 Criminal use of a firearm [in the second degree].
A person is guilty of criminal use of a firearm [in the second degree]
when he OR SHE commits [any class C violent felony offense as defined in
paragraph (b) of subdivision one of section 70.02] A CRIME and he OR SHE
either:
(1) ILLEGALLY possesses a deadly weapon, if the weapon is a loaded
weapon from which a shot, readily capable of producing death or other
serious injury may be discharged; or
(2) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
Criminal use of a firearm [in the second degree] is a class [C] A-II
felony.
S 2. Section 265.09 of the penal law is REPEALED.
S 3. 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,
paragraph (b) as separately amended by chapters 764 and 765 of the laws
of 2005, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02220-01-9
A. 1878 2
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 police
officer or a peace officer as defined in section 120.11, gang 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); aggravated criminally
negligent homicide as defined in section 125.11, aggravated 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, gang assault in the second
degree as defined in section 120.06, burglary in the second degree as
defined in section 140.25, robbery in the second degree as defined in
section 160.10, criminal 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 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, 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 chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37.
S 4. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 345 of the laws of 2007, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 125.13, 125.14,
125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25,
140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 220.16,
220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06,
230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21, 240.06,
245.00, 260.10, subdivision two of section 260.20 and sections 260.25,
A. 1878 3
265.02, 265.03, 265.08, [265.09,] 265.10, 265.12, 265.35 of the penal
law or an attempt to commit any of the aforesaid offenses under section
110.00 of the penal law, or any similar offenses committed under a
former section of the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses committed outside
this state which would constitute violations of the aforesaid sections
of the penal law.
S 5. Paragraph f of subdivision 1 of section 410 of the general busi-
ness law, as added by chapter 509 of the laws of 1992, is amended to
read as follows:
f. Conviction of any of the following crimes subsequent to the issu-
ance of a license pursuant to this article: fraud pursuant to sections
170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 190.65; falsifying
business records pursuant to section 175.10; grand larceny pursuant to
article [155] ONE HUNDRED FIFTY-FIVE; bribery pursuant to sections
180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,
200.12, 200.45, 200.50; perjury pursuant to sections 210.10, 210.15,
210.40; assault pursuant to sections 120.05, 120.10, 120.11, 120.12;
robbery pursuant to article [160] ONE HUNDRED SIXTY; homicide pursuant
to sections 125.25 and 125.27; manslaughter pursuant to sections 125.15
and 125.20; kidnapping and unlawful imprisonment pursuant to sections
135.10, 135.20 and 135.25; unlawful weapons possession pursuant to
sections 265.02, 265.03 and 265.04; criminal use of a weapon pursuant to
[sections] SECTION 265.08 [and 265.09]; criminal sale of a weapon pursu-
ant to sections 265.11 and 265.12; and sex offenses pursuant to article
[130] ONE HUNDRED THIRTY of the penal law. Provided, however, that for
the purposes of this article, none of the following shall be considered
criminal convictions or reported as such: (i) a conviction for which an
executive pardon has been issued pursuant to the executive law; (ii) a
conviction which has been vacated and replaced by a youthful offender
finding pursuant to article seven hundred twenty of the criminal proce-
dure law, or the applicable provisions of law of any other jurisdiction;
or (iii) a conviction the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this state or of
any other jurisdiction; and (iv) a conviction for which other evidence
of successful rehabilitation to remove the disability has been issued.
S 6. This act shall take effect immediately.