S T A T E   O F   N E W   Y O R K
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                                  4086

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, CASTRO, GIBSON, HOOPER, MAYERSOHN,
  SCARBOROUGH, TITONE, WEISENBERG -- Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  COOK,  HEASTIE, MARKEY, McDONOUGH, McKEVITT, PHEFFER, ROBIN-
  SON, SALADINO -- read once and referred to the Committee 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.
                                                           LBD07359-01-1