Senate Bill S6191

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6191
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the general business law and the  vehicle
   and  traffic  law,  in  relation  to criminal use of a firearm; and to
   repeal sections 265.08 and 265.09 of the penal law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
 the  penal  law,  paragraph (a) as amended by chapter 368 of the laws of
 2015 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11620-01-7

 S. 6191                             2
 
 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, intim-
 idating 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 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.
   § 2. Sections 265.08 and 265.09 of the penal law are  REPEALED  and  a
 new section 265.50 is added to read as follows:
 § 265.50 CRIMINAL USE OF A FIREARM.
   A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM WHEN HE OR SHE COMMITS
 A  CLASS A FELONY OR A VIOLENT FELONY OFFENSE, AS DEFINED IN SUBDIVISION
 ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE EITHER:
   1. POSSESSES A DEADLY WEAPON, IF SUCH WEAPON IS A LOADED  WEAPON  FROM
 WHICH  A  SHOT,  READILY  CAPABLE OF PRODUCING DEATH OR SERIOUS PHYSICAL
 INJURY MAY BE DISCHARGED; OR
   2. DISPLAYS WHAT APPEARS TO BE OR IS A PISTOL, REVOLVER, RIFLE,  SHOT-
 GUN, MACHINE GUN OR OTHER FIREARM.
   CRIMINAL USE OF A FIREARM IS A CLASS A-I FELONY.
   §  3. Paragraph f of subdivision 1 of section 410 of the general busi-
 ness law, as amended by chapter 80 of the laws of 2015,  is  amended  to
 read as follows:
   f.  Conviction  of any of the following crimes subsequent to the issu-
 ance of a license or registration pursuant to this article: fraud pursu-
 ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
 190.65;  falsifying  business  records pursuant to section 175.10; grand
 larceny pursuant to article 155; bribery pursuant  to  sections  180.03,
 180.08,  180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
 200.45, 200.50; perjury pursuant to  sections  210.10,  210.15,  210.40;
 assault  pursuant  to  sections  120.05, 120.10, 120.11, 120.12; robbery
 pursuant to article  160;  homicide  pursuant  to  sections  125.25  and
 125.27;  manslaughter pursuant to sections 125.15 and 125.20; kidnapping
 and unlawful  imprisonment  pursuant  to  sections  135.10,  135.20  and
 135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03

 S. 6191                             3
 
 and 265.04; criminal use of a weapon pursuant to FORMER sections  265.08
 and  265.09,  AND  SECTION 265.50; criminal sale of a weapon pursuant to
 sections 265.11 and 265.12; compelling prostitution pursuant to  section
 230.33;  sex  trafficking  pursuant  to section 230.34; and sex offenses
 pursuant to article 130 of the penal law. Provided,  however,  that  for
 the  purposes of this article, none of the following shall be considered
 criminal convictions or reported as such: (i) a conviction for which  an
 executive  pardon  has been issued pursuant to the executive law; (ii) a
 conviction which has been vacated and replaced by  a  youthful  offender
 finding  pursuant to article seven hundred twenty of the criminal proce-
 dure law, or the applicable provisions of law of any other jurisdiction;
 or (iii) a conviction the records of which have been expunged or  sealed
 pursuant  to  the  applicable provisions of the laws of this state or of
 any other jurisdiction; and (iv) a conviction for which  other  evidence
 of successful rehabilitation to remove the disability has been issued.
   §  4.  Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
 and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
 amended to read as follows:
   (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
 subdivision one and paragraph (a) of subdivision  two  of  this  section
 that  result  in  permanent  disqualification shall include a conviction
 under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
 125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
 230.30,  230.32,  230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
 AND 265.50 of the penal law or an attempt to commit any of the aforesaid
 offenses under section 110.00 of the penal law, or any offenses  commit-
 ted  under  a  former  section  of  the penal law which would constitute
 violations of the aforesaid sections of the penal law, or  any  offenses
 committed  outside  this  state which would constitute violations of the
 aforesaid sections of the penal law.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become  a  law;  provided  that  the
 provisions  of  sections  one  and  two  of this act shall only apply to
 offenses committed on or after such effective date.