Senate Bill S4895

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4895
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens.  DIAZ,  AVELLA,  LATIMER -- 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 firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding two new sections 265.50
 and 265.55 to read as follows:
 § 265.50 AGGRAVATED SALE OF A FIREARM.
   A PERSON IS GUILTY OF AGGRAVATED SALE OF A FIREARM  WHEN  SUCH  PERSON
 KNOWINGLY  AND  UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF A
 FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN:
   1. USED IN THE COMMISSION OF A FELONY OFFENSE;
   2. STOLEN FROM ITS LAWFUL OWNER; OR
   3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
 ARTICLE.
   AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY.
 § 265.55 AGGRAVATED SALE OF A FIREARM TO A MINOR.
   A  PERSON  OVER  THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED SALE OF A
 FIREARM TO A MINOR WHEN SUCH  PERSON  KNOWINGLY  AND  UNLAWFULLY  SELLS,
 EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR WHO THE
 DEFENDANT  BELIEVES  TO  BE LESS THAN EIGHTEEN YEARS OF AGE, WHICH HE OR
 SHE KNOWS HAS BEEN:
   1. USED IN THE COMMISSION OF A FELONY OFFENSE;
   2. STOLEN FROM ITS LAWFUL OWNER; OR
   3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00  OF  THIS
 ARTICLE.
   AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY.
   §  2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (b) as amended by chapter 1 of the laws of 2013 and
 paragraph (c) as amended by chapter 368 of the laws of 2015, are amended
 to read as follows:

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

                                                            LBD07290-01-7

 S. 4895                             2
 
   (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 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, AGGRAVATED SALE OF A FIREARM TO A
 MINOR AS DEFINED IN SECTION 265.55, 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.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 criminal sexual act in the second degree as defined in  section  130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual  conduct  against  a  child  in  the  second degree as defined in
 section 130.80, aggravated sexual abuse in the third degree  as  defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance as defined in section 130.90, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
 possession of a weapon in the third degree  as  defined  in  subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a  victim  or witness in the second degree as defined in section 215.16,
 soliciting or providing support for an act of terrorism  in  the  second
 degree  as defined in section 490.10, and making a terroristic threat as
 defined in section 490.20, falsely reporting an incident  in  the  first
 degree  as  defined in section 240.60, placing a false bomb or hazardous
 substance in the first degree as defined in section  240.62,  placing  a
 false  bomb  or  hazardous  substance in a sports stadium or arena, mass
 transportation facility or enclosed shopping mall as defined in  section
 240.63, AGGRAVATED SALE OF A FIREARM AS DESCRIBED IN SECTION 265.50, and
 aggravated unpermitted use of indoor pyrotechnics in the first degree as
 defined in section 405.18.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.