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 Section 265.09 of the penal law is REPEALED.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
              

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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,

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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.