NY State Senate Bill 2017-S1951

Senate Bill S1951

2017-2018 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 Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 11, 2017	referred to codes

co-Sponsors

2017-S1951 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02 & 265.08, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6634
2015-2016: S1527

2017-S1951 (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.

2017-S1951 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1951

 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.

This bill was amended in 2016 to incorporate a technical change due to
the enactment of Chapter 368 of the Laws of 2015.

 PRIOR LEGISLATIVE HISTORY :

2015-2016- S. 1527 - Senate Codes
2014 - S. 6634 - Passed Senate

 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.

2017-S1951 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1951
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced by Sens. KLEIN, AVELLA -- 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 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".
   § 2.  Paragraph (a) of subdivision 1 of section  70.02  of  the  penal
 law,  as  amended by chapter 368 of the laws of 2015, 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, sex trafficking as defined in paragraphs (a) and (b) of
 subdivision five of section  230.34,  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
 police  officer  or  a  peace officer as defined in section 120.11, gang
 assault in the first degree as defined  in  section  120.07,  AGGRAVATED

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07342-01-7

 S. 1951                             2
 
 ASSAULT  UPON  A  PERSON  LESS  THAN TEN YEARS OLD AS DEFINED IN SECTION
 120.12-A, 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.
   § 3. The penal law is amended by adding a new section 120.12-a to read
 as follows:
 § 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.
   §  4.  Section 265.08 of the penal law, as added by chapter 233 of the
 laws of 1980, is amended to read as follows:
 § 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 PART, 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),
 OR 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE).
   Criminal use of a firearm in the second degree is a class C felony.
   § 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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Senate Bill S1951

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Sponsored By

Jeffrey D. Klein