Senate Bill S109

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

                                   109

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to increasing  penalties  for
  the criminal sale of firearms

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

  Section 1. The closing paragraph of section 265.13 of the  penal  law,
as  amended  by  chapter  764 of the laws of 2005, is amended to read as
follows:
  Criminal sale of a firearm in the first degree is a class [B] A  felo-
ny.
  S  2.  The  closing  paragraph  of section 265.12 of the penal law, as
amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
follows:
  Criminal sale of a firearm in the second degree is a class [C] B felo-
ny.
  S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  320 of the laws of 2006, is 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
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

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

                                                           LBD01987-01-9

S. 109                              2

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]  SECOND
degree as defined in section [265.13] 265.12, CRIMINAL SALE OF A FIREARM
WITH THE AID OF A MINOR AS DEFINED IN SECTION 265.14, 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,  intim-
idating  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.
  S  4.  The  closing  paragraph  of section 265.11 of the penal law, as
amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
follows:
  Criminal  sale of a firearm in the third degree is a class [D] C felo-
ny.
  S 5. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as separately amended by chapters 764 and 765 of the laws  of  2005,  is
amended to read as follows:
  (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] THIRD degree as defined in section [265.12]  265.11,  [criminal
sale of a firearm with the aid of a minor as defined in section 265.14,]
CRIMINAL  SALE  OF  A  FIREARM  TO A MINOR AS DEFINED IN SECTION 265.16,
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 chemical weapon or biological weapon in the third degree
as defined in section 490.37.
  S  6.  The  closing  paragraph  of section 265.16 of the penal law, as
amended by chapter 654 of the laws  of  1998,  is  amended  to  read  as
follows:
  Criminal sale of a firearm to a minor is a class [C] B felony.
  S  7.  The  closing  paragraph  of section 265.14 of the penal law, as
amended by chapter 654 of the laws  of  1998,  is  amended  to  read  as
follows:
  Criminal  sale  of  a firearm with the aid of a minor is a class [C] B
felony.
  S 8.   This act shall take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.