NY State Assembly Bill 2011-A8222

Assembly Bill A8222

2011-2012 Legislative Session

Establishes class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying a gun during the commission of a class A or violent felony; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2012	print number 8222a
Jan 25, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Jun 07, 2011	referred to codes

Bill Amendments

Original

A (Active)

2011-A8222 - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.02, rpld §§265.08 & 265.09, add §265.45, Pen L; amd §410, Gen Bus L; amd §509-cc, V & T L
Versions Introduced in 2013-2014 Legislative Session:: A6224

2011-A8222 - Summary

Establishes the class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying what appears to be or is a rifle, pistol, revolver, shotgun, machine gun or other firearm during the commission of a class A or violent felony; repeals the offenses of criminal use of a firearm in the first and second degrees.

2011-A8222 - Bill Text download pdf

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

                                  8222

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2011
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, the general business law and the vehicle
  and traffic law, in relation to criminal use  of  a  firearm;  and  to
  repeal sections 265.08 and 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. 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  and  paragraph  (b) as amended by chapter 405 of the laws of 2010,
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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11878-01-1

A. 8222                             2

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) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  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, strangulation in the
first degree as defined in section 121.13, 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  2.  Sections  265.08 and 265.09 of the penal law are REPEALED and a
new section 265.45 is added to read as follows:
S 265.45 CRIMINAL USE OF A FIREARM.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM WHEN HE OR SHE COMMITS
A CLASS A FELONY OR A VIOLENT FELONY OFFENSE, AS DEFINED IN  SUBDIVISION
ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE EITHER:
  1.  POSSESSES  A DEADLY WEAPON, IF SUCH WEAPON IS A LOADED WEAPON FROM
WHICH A SHOT, READILY CAPABLE OF PRODUCING  DEATH  OR  SERIOUS  PHYSICAL
INJURY MAY BE DISCHARGED; OR
  2.  DISPLAYS WHAT APPEARS TO BE OR IS A PISTOL, REVOLVER, RIFLE, SHOT-
GUN, MACHINE GUN OR OTHER FIREARM.
  CRIMINAL USE OF A FIREARM IS A CLASS A-I FELONY.
  S 3. 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;  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;  homicide  pursuant  to  sections  125.25  and 125.27; manslaughter
pursuant to sections 125.15 and 125.20; kidnapping and  unlawful  impri-
sonment 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 265.08 [and], 265.09 AND 265.45; crimi-
nal sale of a weapon pursuant to sections 265.11  and  265.12;  and  sex

A. 8222                             3

offenses  pursuant  to  article 130 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  crimi-
nal  procedure  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 4. Paragraph (a) of subdivision 4 of section 509-cc of  the  vehicle
and  traffic  law,  as  amended  by  chapter  93 of the laws of 2006, is
amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.20, 125.25, 125.26, 125.27, 130.30, 130.35,
130.45, 130.50, 130.70, 135.25, 150.20 OR 265.45 of the penal law or  an
attempt  to commit any of the aforesaid offenses under section 110.00 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. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
provisions  of  sections  one  and  two  of this act shall only apply to
offenses committed on or after such effective date.

co-Sponsors

2011-A8222A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.02, rpld §§265.08 & 265.09, add §265.45, Pen L; amd §410, Gen Bus L; amd §509-cc, V & T L
Versions Introduced in 2013-2014 Legislative Session:: A6224

2011-A8222A (ACTIVE) - Summary

2011-A8222A (ACTIVE) - Bill Text download pdf

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

                                 8222--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2011
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, the general business law and the  vehicle
  and  traffic  law,  in  relation  to criminal use of a firearm; and to
  repeal sections 265.08 and 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. 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 and paragraph (b) as amended by chapter 148 of the  laws  of  2011,
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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11878-03-1

A. 8222--A                          2

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) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  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, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  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 chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  S  2.  Sections  265.08 and 265.09 of the penal law are REPEALED and a
new section 265.45 is added to read as follows:
S 265.45 CRIMINAL USE OF A FIREARM.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM WHEN HE OR SHE COMMITS
A CLASS A FELONY OR A VIOLENT FELONY OFFENSE, AS DEFINED IN  SUBDIVISION
ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE EITHER:
  1.  POSSESSES  A DEADLY WEAPON, IF SUCH WEAPON IS A LOADED WEAPON FROM
WHICH A SHOT, READILY CAPABLE OF PRODUCING  DEATH  OR  SERIOUS  PHYSICAL
INJURY MAY BE DISCHARGED; OR
  2.  DISPLAYS WHAT APPEARS TO BE OR IS A PISTOL, REVOLVER, RIFLE, SHOT-
GUN, MACHINE GUN OR OTHER FIREARM.
  CRIMINAL USE OF A FIREARM IS A CLASS A-I FELONY.
  S 3. 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;  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;  homicide  pursuant  to  sections  125.25  and 125.27; manslaughter
pursuant to sections 125.15 and 125.20; kidnapping and  unlawful  impri-
sonment 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

A. 8222--A                          3

of a weapon pursuant to sections 265.08 [and], 265.09 AND 265.45; crimi-
nal sale of a weapon pursuant to sections 265.11  and  265.12;  and  sex
offenses  pursuant  to  article 130 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  crimi-
nal  procedure  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 4. Paragraph (a) of subdivision 4 of section 509-cc of  the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,  263.16
AND 265.45 of the penal law or an attempt to commit any of the aforesaid
offenses  under section 110.00 of the penal law, or any offenses commit-
ted 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. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law, provided that the
provisions of sections one and two of  this  act  shall  only  apply  to
offenses committed on or after such effective date.

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Assembly Bill A8222

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CUSICK