senate Bill S5602A

2013-2014 Legislative Session

Relates to sharing, making available, selling, exchanging, giving or disposing of a community gun as an element of certain criminal acts

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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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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 5602a
amend and recommit to codes
Jan 08, 2014 referred to codes
May 24, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S5602 - Details

See Assembly Version of this Bill:
A3255A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§115.00, 115.01, 115.05, 115.08, 115.15, 115.20, 265.00, 265.11 & 265.13, Pen L

S5602 - Summary

Includes sharing, making available, selling, exchanging, giving or disposing of a community gun as an element of certain criminal acts including criminal facilitation and criminal sale of a firearm.

S5602 - Sponsor Memo

S5602 - Bill Text download pdf

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

                                  5602

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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  community  guns  and  the
  criminal sale of a firearm in the first and third degrees

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

  Section 1. Section 115.00 of the penal law, as amended by chapter  422
of the laws of 1978, is amended to read as follows:
S 115.00 Criminal facilitation in the fourth degree.
  A  person  is  guilty  of  criminal  facilitation in the fourth degree
when[,]:
  1. believing it probable that he OR SHE is rendering aid:
  [1.] A. to a person who intends to commit a crime, he OR  SHE  engages
in  conduct which provides such person with means or opportunity for the
commission thereof and which in fact aids such person to commit a  felo-
ny; or
  [2.]  B.  to a person under sixteen years of age who intends to engage
in conduct which would constitute a crime, he OR SHE, being  over  eigh-
teen  years  of  age, engages in conduct which provides such person with
means or opportunity for the commission thereof and which in  fact  aids
such person to commit a crime; OR
  2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
ING,  BUT  NOT  LIMITED  TO,  A  FELONY SET FORTH IN ARTICLE TWO HUNDRED
SIXTY-FIVE OF THIS PART; OR
  3. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR
ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06323-02-3

S5602A (ACTIVE) - Details

See Assembly Version of this Bill:
A3255A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§115.00, 115.01, 115.05, 115.08, 115.15, 115.20, 265.00, 265.11 & 265.13, Pen L

S5602A (ACTIVE) - Summary

Includes sharing, making available, selling, exchanging, giving or disposing of a community gun as an element of certain criminal acts including criminal facilitation and criminal sale of a firearm.

S5602A (ACTIVE) - Sponsor Memo

S5602A (ACTIVE) - Bill Text download pdf

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

                                 5602--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the penal law, in relation to community guns and the
  criminal sale of a firearm in the first and third degrees

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

  Section  1. Section 115.00 of the penal law, as amended by chapter 422
of the laws of 1978, is amended to read as follows:
S 115.00 Criminal facilitation in the fourth degree.
  A person is guilty of  criminal  facilitation  in  the  fourth  degree
when[,]:
  1. believing it probable that he OR SHE is rendering aid:
  [1.]  A.  to a person who intends to commit a crime, he OR SHE engages
in conduct which provides such person with means or opportunity for  the
commission  thereof and which in fact aids such person to commit a felo-
ny; or
  [2.] B. to a person under sixteen years of age who intends  to  engage
in  conduct  which would constitute a crime, he OR SHE, being over eigh-
teen years of age, engages in conduct which provides  such  person  with
means  or  opportunity for the commission thereof and which in fact aids
such person to commit a crime; OR
  2. HE OR SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK  STATE  LAW  TO
POSSESS  A  FIREARM  SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR
DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
ING, BUT NOT LIMITED TO, A FELONY  SET  FORTH  IN  ARTICLE  TWO  HUNDRED
SIXTY-FIVE OF THIS PART; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06323-03-4

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