S T A T E   O F   N E W   Y O R K
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                                  6317

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2011
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, MAYERSOHN, HOOPER, GIBSON, CASTRO,
  PHEFFER, SALADINO, WEPRIN -- Multi-Sponsored by -- M. of  A.  CALHOUN,
  COOK,  CROUCH, LINARES, MARKEY, McDONOUGH, McKEVITT, P. RIVERA -- read
  once and referred to the Committee 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,  subdivi-
sion  4  as amended by chapter 738 of the laws of 2004 and subdivision 5
as amended by chapter 405 of the laws of 2010, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07335-01-1
              

A. 6317                             2

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-
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, strangulation in  the
second  degree  as  defined  in section 121.12, 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.