S T A T E   O F   N E W   Y O R K
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                                  2940

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to amend the penal law, in relation to criminal possession of a
  weapon by a minor and criminal use of a weapon by a minor

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

  Section  1. The penal law is amended by adding two new sections 265.18
and 265.19 to read as follows:
S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR.
  1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON BY  A  MINOR,
WHEN BEING UNDER EIGHTEEN YEARS OF AGE, HE OR SHE POSSESSES ANY FIREARM,
RIFLE OR SHOTGUN.
  2.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
POSSESSES A RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING  LICENSE  OR
PERMIT  ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE.
  CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY.
S 265.19 CRIMINAL USE OF A WEAPON BY A MINOR.
  A PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN,  BEING
UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A
FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME.
  CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY.
  S  2.  Subdivisions  4  and  5  of  section 60.05 of the penal law, as
amended by chapter 738 of the laws of  2004,  are  amended  to  read  as
follows:
  4.  Certain  class  C felonies. Except as provided in subdivision six,
every person convicted of a class C violent felony offense as defined in
subdivision one of section 70.02 of this title,  must  be  sentenced  to
imprisonment in accordance with section 70.02 of this title; and, except
as  provided  in subdivision six of this section, every person convicted
of the class C felonies of: attempt to commit any of the class  B  felo-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05811-01-9
              

A. 2940                             2

nies  of bribery in the first degree as defined in section 200.04, bribe
receiving in the first degree as defined in section  200.12,  conspiracy
in  the second degree as defined in section 105.15 and criminal mischief
in  the first degree as defined in section 145.12; criminal usury in the
first degree as defined in section 190.42, rewarding official misconduct
in the first degree as defined in section 200.22, receiving  reward  for
official  misconduct  in  the first degree as defined in section 200.27,
attempt to promote prostitution in the first degree as defined in  ARTI-
CLE  ONE  HUNDRED  TEN AND section 230.32, promoting prostitution in the
second degree as defined in section 230.30, CRIMINAL USE OF A WEAPON  BY
A  MINOR  AS  DEFINED  IN  SECTION  265.19, arson in the third degree as
defined in section 150.10 of this chapter, must be sentenced  to  impri-
sonment in accordance with section 70.00 of this title.
  5.  Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of  assault
in  the  second degree as defined in section 120.05, CRIMINAL POSSESSION
OF A WEAPON BY A MINOR AS DEFINED IN SECTION 265.18 or attempt to commit
a class C felony as defined in section 230.30 of this chapter,  must  be
sentenced in accordance with section 70.00 or 85.00 of this title.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.