Assembly Bill A8361C

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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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A8361 - Details

See Senate Version of this Bill:
S6634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5065, S1527
2017-2018: A1977, S1951
2019-2020: A6814

2013-A8361 - 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.

2013-A8361 - Bill Text download pdf 

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

                                  8361

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to establishing  the  offense
  of aggravated assault upon a person less than ten years old

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

  Section 1. This act shall be known and  may  be  cited  as  "Luisito's
law".
  S 2. 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 MORE  THE  DEFENDANT  COMMITS
THE CRIME OF ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF
THIS  ARTICLE,  BY  MEANS  OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT,
UPON A PERSON LESS THAN TEN YEARS OLD.
  AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD13284-03-3

co-Sponsors

multi-Sponsors

2013-A8361A - Details

See Senate Version of this Bill:
S6634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5065, S1527
2017-2018: A1977, S1951
2019-2020: A6814

2013-A8361A - 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.

2013-A8361A - Bill Text download pdf 

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

                                 8361--A

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA,  ROSA, GUNTHER, CRESPO, BRINDISI,
  MAYER, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
  DiPIETRO,  GALEF,  SALADINO  -- Multi-Sponsored by -- M. of A. CAMARA,
  COOK, CROUCH, DUPREY, GARBARINO, GRAF, JACOBS, MAGEE, McDONALD,  MOYA,
  PERRY,  RIVERA,  SCARBOROUGH, SCHIMEL -- read once and referred 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

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

co-Sponsors

multi-Sponsors

2013-A8361B - Details

See Senate Version of this Bill:
S6634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5065, S1527
2017-2018: A1977, S1951
2019-2020: A6814

2013-A8361B - 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.

2013-A8361B - Bill Text download pdf 

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

                                 8361--B

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA,  ROSA, GUNTHER, CRESPO, BRINDISI,
  MAYER, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
  DiPIETRO,  GALEF,  SALADINO  -- Multi-Sponsored by -- M. of A. CAMARA,
  COOK, CROUCH, DUPREY, GARBARINO, GRAF, JACOBS, MAGEE, McDONALD,  MOYA,
  PERRY,  RIVERA,  SCARBOROUGH, SCHIMEL -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  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 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,

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

co-Sponsors

multi-Sponsors

2013-A8361C (ACTIVE) - Details

See Senate Version of this Bill:
S6634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 265.08, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5065, S1527
2017-2018: A1977, S1951
2019-2020: A6814

2013-A8361C (ACTIVE) - 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.

2013-A8361C (ACTIVE) - Bill Text download pdf 

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

                                 8361--C

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA,  ROSA, GUNTHER, CRESPO, BRINDISI,
  MAYER, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
  DiPIETRO,  GALEF,  SALADINO  -- Multi-Sponsored by -- M. of A. CAMARA,
  COOK, CROUCH, DUPREY, GARBARINO, GRAF, JACOBS, MAGEE, McDONALD,  MOYA,
  PERRY,  RIVERA,  SCARBOROUGH, SCHIMEL -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted 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 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

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

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