BILL NUMBER:A9536
TITLE OF BILL: An act to amend the penal law, in relation to the crime
of criminal facilitation by providing a weapon to a minor
PURPOSE OR GENERAL IDEA OF BILL: To punish person(s) who facilitate a
firearm for use by a minor in a crime.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. The penal law is amended by
adding a new section 115.09. Section 115,09 - Criminal facilitation by
providing a weapon to a minor. A person is guilty of criminal facili-
tation by providing a weapon to a minor when, believing it is 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 crime, he or
she, being over eighteen years of age, sells, exchanges, gives,
disposes, or otherwise provides a weapon to that such person, and there-
by provides such person with the means or opportunity for the commission
of a crime and which in fact aids such person to commit a crime. Crimi-
nal facilitation by providing a weapon to a minor is a class A felony.
Section 2. Section 70.25 of the penal law is amended by adding a new
subdivision 2-h. Whenever a person is convicted of criminal facilitation
by providing a weapon to minor as defined in section 115,09 of this
chapter, the sentence imposed by the court for such offense may be
ordered to run consecutively to any sentence imposed upon conviction of
an offense arising for the same criminal transaction.
S T A T E O F N E W Y O R K
________________________________________________________________________
9536
I N A S S E M B L Y
January 13, 2010
___________
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 the crime of criminal
facilitation by providing a weapon to 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 a new section 115.09 to
read as follows:
S 115.09 CRIMINAL FACILITATION BY PROVIDING A WEAPON TO A MINOR.
A PERSON IS GUILTY OF CRIMINAL FACILITATION BY PROVIDING A WEAPON TO A
MINOR WHEN, BELIEVING IT IS 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 CRIME, HE OR SHE, BEING OVER EIGHTEEN YEARS OF
AGE, SELLS, EXCHANGES, GIVES, DISPOSES, OR OTHERWISE PROVIDES A WEAPON
TO SUCH PERSON, AND THEREBY PROVIDES SUCH PERSON WITH THE MEANS OR
OPPORTUNITY FOR THE COMMISSION OF A CRIME AND WHICH IN FACT AIDS SUCH
PERSON TO COMMIT A CRIME.
CRIMINAL FACILITATION BY PROVIDING A WEAPON TO A MINOR IS A CLASS A
FELONY.
S 2. Section 70.25 of the penal law is amended by adding a new subdi-
vision 2-h to read as follows:
2-H. WHENEVER A PERSON IS CONVICTED OF CRIMINAL FACILITATION BY
PROVIDING A WEAPON TO A MINOR AS DEFINED IN SECTION 115.09 OF THIS CHAP-
TER, THE SENTENCE IMPOSED BY THE COURT FOR SUCH OFFENSE MAY BE ORDERED
TO RUN CONSECUTIVELY TO ANY SENTENCE IMPOSED UPON CONVICTION OF AN
OFFENSE ARISING FROM THE SAME CRIMINAL TRANSACTION.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15186-01-9
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