senate Bill S4911

2013-2014 Legislative Session

Relates to the criminal facilitation of crimes involving firearms

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2013 referred to codes

S4911 - Details

See Assembly Version of this Bill:
A2594
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§115.08 & 20.00, Pen L

S4911 - Summary

Relates to the criminal facilitation of crimes involving firearms.

S4911 - Sponsor Memo

S4911 - Bill Text download pdf

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

                                  4911

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 the criminal  facilitation
  of crimes involving firearms

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

  Section 1. Section 115.08 of the penal law, as added by chapter 422 of
the laws of 1978, is amended to read as follows:
S 115.08 Criminal facilitation in the first degree.
  A person is guilty  of  criminal  facilitation  in  the  first  degree
when[,]:
  1.  believing  it 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  class  A  felony, he OR SHE, being over eighteen years of
age, engages in conduct which provides such person with means or  oppor-
tunity  for the commission thereof and which in fact aids such person to
commit such a class A felony; OR
  2.  BY IMPLICATION OF THE ACT, SUCH PERSON ASSISTS,  MAKES  AVAILABLE,
FACILITATES  AND/OR  PROVIDES  AN  OPPORTUNITY  FOR A PRINCIPAL ACTOR TO
ACQUIRE AN AUTOMATIC WEAPON, SHOTGUN, HANDGUN OR REVOLVER, WITH WHICH  A
CLASS A FELONY IS PERFORMED BY SUCH PRINCIPAL ACTOR.
  Criminal facilitation in the first degree is a class B felony.
  S  2.    The  opening  paragraph  of section 20.00 of the penal law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2.  A  PERSON WHO, BY IMPLICATION, KNOWINGLY SUSPECTS THAT A CRIME MAY
BE COMMITTED IF THE   PERSON SOLICITS, REQUESTS,  COMMANDS,  IMPORTUNES,
INTENTIONALLY  AIDS OR FACILITATES THE ACQUISITION OF AN AUTOMATIC WEAP-
ON, SHOTGUN, HANDGUN OR REVOLVER WHICH IS THEN USED BY A PRINCIPAL ACTOR
TO COMMIT A CLASS A FELONY, SHALL BE CRIMINALLY LIABLE FOR  THE  COMMIS-
SION  OF  THE  OFFENSE,  AS IF THE PERSON WERE THE PRINCIPAL ACTOR. SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07343-01-3

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