senate Bill S6634C

2013-2014 Legislative Session

Establishes the class B felony of aggravated assault upon a person less than ten years old and expands criminal use of a firearm in the second degree to include commission of certain felonies on school grounds

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 amended on third reading 6634c
May 20, 2014 amended on third reading (t) 6634b
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.762
May 08, 2014 print number 6634a
amend and recommit to codes
Feb 19, 2014 referred to codes

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S6634 - Bill Details

See Assembly Version of this Bill:
A8361C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L

S6634 - Bill Texts

view summary

Enacts "Luisito's law"; establishes the class B felony of aggravated assault upon a person less than ten years old; includes within the class C felony of criminal use of a firearm in the second degree the possession of a weapon while committing certain specified class C or D felonies upon school grounds or within 250 feet of a playground in the city of New York.

view sponsor memo
BILL NUMBER:S6634

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the offenses of aggravated assault upon a person less
than ten years old and criminal use of a firearm on a playground

PURPOSE OR GENERAL IDEA OF BILL:

The purposes of this bill is to establish an act to be called
"Luisito's Law". It establishes a separate class B felony of
aggravated assault upon a person who is less than ten years old and
the Class C felony of criminal use of a firearm near a children's
playground.

SPECIFIC PROVISIONS:

Section 1: Enacts amendments to the Penal Law to establish and to be
known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes
that are to be considered to be a Class B violent felony a new crime
of aggravated assault upon a person less than ten years old as such
crime is to be established pursuant to new Penal Law section 120.12-a
(bill section 3); and 2) Add to those crimes that are considered to be
a Class C violent felony a new crime of criminal use of a firearm on a
playground as such crime is to be established pursuant to new Penal
Law section 265.09-a (bill section 4).

Section 3: Adds a new Penal Law section 120.12-a, relating to
aggravated assault upon a person less than ten years old within
Article 120 that covers assault and related offenses. This provision
adds the new crime of aggravated assault upon a person that is less
than ten years old, if the assailant is 18 years or older, and such
person with the intent to cause physical injury to another person,
causes injury by means of a deadly weapon or dangerous instrument.
Conviction of this crime would be a Class B felony.

Section 4: Adds a new Penal Law section 265.09-a, relating to criminal
use of a firearm on a playground. A person would be guilty of such a
crime upon the discharge of a firearm upon or within 500 feet of any
area or premises dedicated to recreational use by children, including
but not limited to parks, playgrounds, or outdoor school playgrounds.
Conviction of this crime would be a Class C felony.

JUSTIFICATION:

This new law will be named after Luis Oyola, Jr., a three year old boy
who was struck by a stray bullet in the West Farms neighborhood of the
Bronx.

Luis was hit with a stray bullet on August 30, 2013, while in Vidalia
Park with his family. Vidalia Park is located on East 180th Street
between Daly Avenue and Vyse Avenue in the West Farms section of the
Bronx. After being hit in the arm by a bullet, he was taken to St.
Barnabas Hospital where he, thankfully, has made his recovery. The
suspect in the Luis' case has been charged with attempted murder as
well as assaulting a child. Using today's laws, the attempted murder


charge carries a sentence of 15 to 25 years in prison, while, the
assault charge only carries a sentence of 1 1/2 to 4 years in prison.
Given that it is more difficult to convict an accused person of
attempted murder, due to the need to prove actual intent to commit the
murder in question, the fall back charge of assault may be the only
charge that the court can accept in this case.

The enactment of Luisito's Law will change the current law by enacting
a new crime to enhance the punishment of a person convicted of
aggravated assault of a child under the age of 10 years old by means
of a deadly weapon or dangerous instrument. Further, enacting a new
enhanced crime to make it a Class C felony for anyone to discharge a
firearm in or near a playground, regardless of if a child or any other
person is injured, should help to deter anyone from firing a firearm
near a playground or park that is used for recreational purposes by
children.

Each year many children in this state become the victims of
unnecessary violence when hit with stray bullets or shrapnel. These
children are innocent victims who can face a lifetime of physical pain
& suffering, and psychological damage at the hands of violent
criminals. This bill would also help to ensure that around playgrounds
that children and young families use to play in would be in a zone of
safety to protect children from anyone who discharges a firearm on
such playground or within 500 feet of such playground. The enactment
of this bill should help to ensure that anyone who harms a child,
whether on purpose or not, is punished justly.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date upon which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6634

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 establishing the  offenses
  of aggravated assault upon a person less than ten years old and crimi-
  nal use of a firearm on a playground

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

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.  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 1 of the laws of 2013, 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 PERSON LESS THAN
TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon  a
police  officer  or  a  peace officer as defined in section 120.11, gang

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-01-4

S. 6634                             2

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 USE OF A FIREARM ON A PLAYGROUND AS DEFINED  IN
SECTION  265.09-A,  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, aggravated criminal possession of a
weapon as defined in section 265.19, 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 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
INSTRUMENT.
  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
FELONY.
  S 4. The penal law is amended by adding a new section 265.09-a to read
as follows
S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A  PLAYGROUND  WHEN
HE  OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
OTHER FIREARM UPON OR WITHIN FIVE HUNDRED FEET OF ANY AREA  OR  PREMISES
DEDICATED TO RECREATIONAL USE BY CHILDREN.
  CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

Co-Sponsors

S6634A - Bill Details

See Assembly Version of this Bill:
A8361C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L

S6634A - Bill Texts

view summary

Enacts "Luisito's law"; establishes the class B felony of aggravated assault upon a person less than ten years old; includes within the class C felony of criminal use of a firearm in the second degree the possession of a weapon while committing certain specified class C or D felonies upon school grounds or within 250 feet of a playground in the city of New York.

view sponsor memo
BILL NUMBER:S6634A

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the offenses of aggravated assault upon a person less
than ten years old and criminal use of a firearm on a playground

PURPOSE OR GENERAL IDEA OF BILL:

The purposes of this bill is to establish an act to be called
"Luisito's Law". It establishes a separate class B felony of
aggravated assault upon a person who is less than ten years old and
the Class C felony of criminal use of a firearm near a children's
playground.

SPECIFIC PROVISIONS:

Section 1: Enacts amendments to the Penal Law to establish and to be
known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes
that are to be considered to be a Class B violent felony a new crime
of aggravated assault upon a person less than ten years old as such
crime is to be established pursuant to new Penal Law section 120.12-a
(bill section 3); and 2) Add to those crimes that are considered to be
a Class C violent felony a new crime of criminal use of a firearm on a
playground as such crime is to be established pursuant to new Penal
Law section 265.09-a (bill section 4).

Section 3: Adds a new Penal Law section 120.12-a, relating to
aggravated assault upon a person less than ten years old within
Article 120 that covers assault and related offenses. This provision
adds the new crime of aggravated assault upon a person that is less
than ten years old, if the assailant is 18 years or older, and such
person with the intent to cause physical injury to another person,
causes injury by means of a deadly weapon or dangerous instrument.
Conviction of this crime would be a Class B felony.

Section 4: Adds a new Penal Law section 265.09-a, relating to criminal
use of a firearm on a playground. A person would be guilty of such a
crime upon the discharge of a firearm upon or within 500 feet of any
area or premises dedicated to recreational use by children, including
but not limited to parks, playgrounds, or outdoor school playgrounds.
Conviction of this crime would be a Class C felony.

JUSTIFICATION:

This new law will be named after Luis Oyola, Jr., a three year old boy
who was struck by a stray bullet in the West Farms neighborhood of the
Bronx.

Luis was hit with a stray bullet on August 30, 2013, while in Vidalia
Park with his family. Vidalia Park is located on East 180th Street
between Daly Avenue and Vyse Avenue in the West Farms section of the
Bronx. After being hit in the arm by a bullet, he was taken to St.
Barnabas Hospital where he, thankfully, has made his recovery. The
suspect in the Luis' case has been charged with attempted murder as
well as assaulting a child. Using today's laws, the attempted murder


charge carries a sentence of 15 to 25 years in prison, while, the
assault charge only carries a sentence of 1 1/2 to 4 years in prison.
Given that it is more difficult to convict an accused person of
attempted murder, due to the need to prove actual intent to commit the
murder in question, the fall back charge of assault may be the only
charge that the court can accept in this case.

The enactment of Luisito's Law will change the current law by enacting
a new crime to enhance the punishment of a person convicted of
aggravated assault of a child under the age of 10 years old by means
of a deadly weapon or dangerous instrument. Further, enacting a new
enhanced crime to make it a Class C felony for anyone to discharge a
firearm in or near a playground, regardless of if a child or any other
person is injured, should help to deter anyone from firing a firearm
near a playground or park that is used for recreational purposes by
children.

Each year many children in this state become the victims of
unnecessary violence when hit with stray bullets or shrapnel. These
children are innocent victims who can face a lifetime of physical pain
& suffering, and psychological damage at the hands of violent
criminals. This bill would also help to ensure that around playgrounds
that children and young families use to play in would be in a zone of
safety to protect children from anyone who discharges a firearm on
such playground or within 500 feet of such playground. The enactment
of this bill should help to ensure that anyone who harms a child,
whether on purpose or not, is punished justly.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date upon which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6634--A

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to establishing the  offenses
  of aggravated assault upon a person less than ten years old and crimi-
  nal use of a firearm on a playground

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

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.  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 1 of the laws of 2013, 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 PERSON LESS THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-02-4

S. 6634--A                          2

TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, 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 USE OF A FIREARM ON A PLAYGROUND AS DEFINED  IN
SECTION  265.09-A,  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, aggravated criminal possession of a
weapon as defined in section 265.19, 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 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
INSTRUMENT.
  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
FELONY.
  S 4. The penal law is amended by adding a new section 265.09-a to read
as follows:
S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A  PLAYGROUND  WHEN
HE  OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
OTHER FIREARM WITH KNOWLEDGE THAT SUCH DISCHARGE IS UPON OR WITHIN  FIVE
HUNDRED  FEET  OF EITHER ANY SCHOOL GROUNDS OR ANY CHILDREN'S PLAYGROUND
OWNED AND OPERATED BY THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION
OR PUBLIC AUTHORITY THEREOF; PROVIDED, HOWEVER,  THAT  NOTHING  IN  THIS
SECTION SHALL PROHIBIT ANY OTHERWISE LAWFUL DISCHARGE OF A FIREARM AT AN
INDOOR  OR OUTDOOR FIRING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCU-
PIED BY A DULY  INCORPORATED  ORGANIZATION  ORGANIZED  FOR  CONSERVATION
PURPOSES  OR  TO  FOSTER  PROFICIENCY  IN  ARMS; AT AN INDOOR OR OUTDOOR
FIRING RANGE FOR THE PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGI-
ATE, OLYMPIC OR TARGET SHOOTING COMPETITION UNDER  THE  AUSPICES  OF  OR

S. 6634--A                          3

APPROVED  BY  THE  NATIONAL  RIFLE ASSOCIATION; OR AT AN ORGANIZED MATCH
SANCTIONED BY THE INTERNATIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.
  CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

Co-Sponsors

S6634B - Bill Details

See Assembly Version of this Bill:
A8361C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L

S6634B - Bill Texts

view summary

Enacts "Luisito's law"; establishes the class B felony of aggravated assault upon a person less than ten years old; includes within the class C felony of criminal use of a firearm in the second degree the possession of a weapon while committing certain specified class C or D felonies upon school grounds or within 250 feet of a playground in the city of New York.

view sponsor memo
BILL NUMBER:S6634B

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the offenses of aggravated assault upon a person less
than ten years old and criminal use of a firearm in the second degree

PURPOSE OR GENERAL IDEA OF BILL: The purposes of this bill is to
establish an act to be called "Luisito's Law". It establishes a
separate class B felony of aggravated assault upon a person who is
less than ten years old and expands criminal use of a firearm in the
second degree to include commission of a class D felony on school
grounds and playgrounds.

SPECIFIC PROVISIONS:

Section 1: Enacts amendments to the Penal Law to establish and to be
known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes
that are to be considered to be a Class B violent felony a new crime
of aggravated assault upon a person less than ten years old as such
crime is to be established pursuant to new Penal Law section 120.12-a
(bill section 3).

Section 3: Adds a new Penal Law section 120.12-a, relating to
aggravated assault upon a person less than ten years old within
Article 120 that covers assault and related offenses. This provision
adds the new crime of aggravated assault upon a person that is less
than ten years old, if the assailant is 18 years or older, and such
person with the intent. to cause physical injury to another person,
causes injury by means of a deadly weapon or dangerous instrument.
Conviction of this crime would be a Class B felony.

Section 4: Amends Penal Law section 265.08, relating to criminal use
of a firearm in the second degree, a class C felony, to add instances
where a person commits a class D violent felony on school grounds or
within two hundred fifty feet of a playground or school yard operated
by the city of New York.

JUSTIFICATION: This new law will be named after Luis Oyola, Jr., a
three year old boy who was struck by a stray bullet at a playground in
the West. Farms neighborhood of the Bronx.

Luis was shot on August 30, 2013, while in Vidalia Park with his
family. Fortunately, his wound was not fatal, but other children have
not been so lucky, and many more are being robbed of necessary outdoor
recreation by rising crime rates in public playgrounds. Already in
2014, the Gun Hill Playground, in the North Bronx, has been plagued by
multiple instances of gunfire and a nearby shooting death.

The enactment of Luisito's Law will change the current law by enacting
a new crime to enhance the punishment of a person convicted of
aggravated assault of a child under the age of 10 years old by means
of a deadly weapon or dangerous instrument. Further, expanding the
crime of criminal use of a firearm in the second degree will increase
the punishment of individuals who commit their violent crimes on or
near schools and playgrounds.


Each year too many children in this state become the victims of
unnecessary violence in the places where they should feel safe to
exercise and play. These children are innocent victims who can face a
lifetime of physical pain, suffering, and psychological damage because
of the thoughtless acts of violent criminals. This bill will help make
playgrounds and schoolyards safe places for families and children to
congregate and create happy childhood memories.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6634--B
    Cal. No. 762

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported favorably from said  committee,  ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to establishing the  offenses
  of aggravated assault upon a person less than ten years old and crimi-
  nal use of a firearm in the second degree

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

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.    Paragraph  (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 320 of the laws of 2006, is 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-03-4

S. 6634--B                          2

defined in section 265.13, AGGRAVATED ASSAULT UPON A  PERSON  LESS  THAN
TEN  YEARS OLD AS DEFINED IN SECTION 120.12-A, 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.
  S 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS  THAN  TEN
YEARS  OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO CAUSE
PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES  SUCH  INJURY  TO  A
CHILD  LESS  THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON OR DANGEROUS
INSTRUMENT.
  AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
FELONY.
  S  4.  Section 265.08 of the penal law, as added by chapter 233 of the
laws of 1980, is amended to read as follows:
S 265.08 Criminal use of a firearm in the second degree.
  A person is guilty of criminal use of a firearm in the  second  degree
when  he OR SHE commits any class C violent felony offense as defined in
paragraph (b) of subdivision one of section 70.02 OF THIS CHAPTER, OR HE
OR SHE COMMITS ANY CLASS D VIOLENT FELONY AS DEFINED IN PARAGRAPH (C) OF
SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER WHILE KNOWING HE OR SHE
IS ON SCHOOL GROUNDS, AS DEFINED  IN  SUBDIVISION  FOURTEEN  OF  SECTION
220.00 OF THIS TITLE, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY SCHOOLYARD
OR  PLAYGROUND  OPERATED  BY  THE  CITY OF NEW YORK OR ANY DEPARTMENT OR
PUBLIC AUTHORITY THEREOF, and he OR SHE either:
  (1) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (2)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the second degree is a class C felony.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

Co-Sponsors

S6634C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8361C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L

S6634C (ACTIVE) - Bill Texts

view summary

Enacts "Luisito's law"; establishes the class B felony of aggravated assault upon a person less than ten years old; includes within the class C felony of criminal use of a firearm in the second degree the possession of a weapon while committing certain specified class C or D felonies upon school grounds or within 250 feet of a playground in the city of New York.

view sponsor memo
BILL NUMBER:S6634C

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the offenses of aggravated assault upon a person less
than ten years old and criminal use of a firearm in the second degree

PURPOSE OR GENERAL IDEA OF BILL: The purposes of this bill is to
establish an act to be called "Luisito's Law". It establishes a
separate class B felony of aggravated assault upon a person who is
less than ten years old and expands criminal use of a firearm in the
second degree to include commission of enumerated class C and D
felonies on school grounds and playgrounds.

SPECIFIC PROVISIONS:

Section 1: Enacts amendments to the Penal Law to establish and to be
known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes
that are to be considered to be a Class B violent felony a new crime
of aggravated assault upon a person less than ten years old as such
crime is to be established pursuant to new Penal Law section 120.12-a
(bill section 3).

Section 3: Adds a new Penal Law section 120.12-a, relating to
aggravated assault upon a person less than ten years old within
Article 120 that covers assault and related offenses. This provision
adds the new crime of aggravated assault upon a person that is less
than ten years old, if the assailant is 18 years or older, and such
person with the intent. to cause physical injury to another person,
causes injury by means of a deadly weapon or dangerous instrument.
Conviction of this crime would be a Class B felony.

Section 4: Amends Penal Law section 265.08, relating to criminal use
of a firearm in the second degree, a class C felony, to add instances
where a person commits a specified class C or D felony on school
grounds or within two hundred fifty feet of a playground operated by
the city of New York.

JUSTIFICATION: This new law will be named after Luis Oyola, Jr., a
three year old boy who was struck by a stray bullet at a playground in
the West Farms neighborhood of the Bronx.

Luis was shot on August 30, 2013, while in Vidalia Park with his
family. Fortunately, his wound was not fatal, but other children have
not been so lucky, and many more are being robbed of necessary outdoor
recreation by rising crime rates in public playgrounds. Already in
2014, the Gun Hill Playground, in the North Bronx, has been plagued by
multiple instances of gunfire and a nearby shooting death.

The enactment of Luisito's Law will change the current law by enacting
a new crime to enhance the punishment of a person convicted of
aggravated assault of a child under the age of 10 years old by means
of a deadly weapon or dangerous instrument. Further, expanding the
crime of criminal use of a firearm in the second degree will increase
the punishment of individuals who commit their violent crimes on or
near schools and playgrounds.


Each year too many children in this state become the victims of
unnecessary violence in the places where they should feel safe to
exercise and play. Like young Luis, these children are innocent
victims who can face a lifetime of physical pain, suffering, and
psychological damage because of the thoughtless acts of violent
criminals. This bill will help make playgrounds and schoolyards safe
places for families and children to congregate and create happy
childhood memories.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6634--C
    Cal. No. 762

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported favorably from said  committee,  ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  --  again  amended  and  ordered reprinted, retaining its place in the
  order of third reading

AN ACT to amend the penal law, in relation to establishing the  offenses
  of aggravated assault upon a person less than ten years old and crimi-
  nal use of a firearm in the second degree

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

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.    Paragraph  (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 320 of the laws of 2006, is 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  PERSON  LESS  THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-04-4

S. 6634--C                          2

TEN  YEARS OLD AS DEFINED IN SECTION 120.12-A, 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.
  S 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS  THAN  TEN
YEARS  OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO CAUSE
PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES  SUCH  INJURY  TO  A
CHILD  LESS  THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON OR DANGEROUS
INSTRUMENT.
  AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
FELONY.
  S  4.  Section 265.08 of the penal law, as added by chapter 233 of the
laws of 1980, is amended to read as follows:
S 265.08 Criminal use of a firearm in the second degree.
  1. A person is guilty of criminal use  of  a  firearm  in  the  second
degree  when  he  OR  SHE  commits any class C violent felony offense as
defined in paragraph (b) of subdivision one of  section  70.02  OF  THIS
CHAPTER,  OR  HE  OR SHE COMMITS A SPECIFIED OFFENSE WHILE KNOWING HE OR
SHE IS ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF  SECTION
220.00 OF THIS TITLE, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY PLAYGROUND
OPERATED  BY  THE CITY OF NEW YORK OR ANY DEPARTMENT OR PUBLIC AUTHORITY
THEREOF, and he OR SHE either:
  [(1)] (A) possesses a deadly weapon, if the weapon is a loaded  weapon
from  which  a shot, readily capable of producing death or other serious
injury may be discharged; or
  [(2)] (B) displays what appears to be a pistol, revolver, rifle, shot-
gun, machine gun or other firearm.
  2. FOR THE PURPOSES OF THIS  SECTION,  A  "SPECIFIED  OFFENSE"  IS  AN
OFFENSE  DEFINED  BY  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER:
SECTION 115.05 (CRIMINAL FACILITATION  IN  THE  SECOND  DEGREE),  265.16
(CRIMINAL  SALE  OF A FIREARM TO A MINOR), 100.13 (CRIMINAL SOLICITATION
IN THE FIRST DEGREE), 155.40  (GRAND  LARCENY  IN  THE  SECOND  DEGREE),
120.05  (ASSAULT  IN  THE  SECOND  DEGREE),  265.11  (CRIMINAL SALE OF A
FIREARM IN THE THIRD DEGREE), 130.90 (FACILITATING A SEX OFFENSE WITH  A
CONTROLLED  SUBSTANCE),  215.16 (INTIMIDATING A VICTIM OR WITNESS IN THE
SECOND DEGREE), 120.18 (MENACING A POLICE  OFFICER  OR  PEACE  OFFICER),
120.02  (RECKLESS  ASSAULT  OF  A  CHILD), 120.60 (STALKING IN THE FIRST
DEGREE), 121.12 (STRANGULATION IN THE SECOND DEGREE),  130.30  (RAPE  IN
THE  SECOND  DEGREE), 130.45 (CRIMINAL SEXUAL ACT IN THE SECOND DEGREE),
130.65 (SEXUAL ABUSE IN THE FIRST  DEGREE),  130.80  (COURSE  OF  SEXUAL
CONDUCT AGAINST A CHILD IN THE SECOND DEGREE), 130.66 (AGGRAVATED SEXUAL
ABUSE  IN  THE  THIRD  DEGREE),  135.65 (COERCION IN THE FIRST  DEGREE),
265.17 (CRIMINAL PURCHASE OR DISPOSAL OF  A  WEAPON),  120.25  (RECKLESS
ENDANGERMENT IN THE FIRST DEGREE), 160.05 (ROBBERY IN THE THIRD DEGREE),
AND 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE).
  Criminal use of a firearm in the second degree is a class C felony.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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