Senate Bill S1783

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1783
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 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 189 of the laws of
 2018 and paragraph (b) as amended by chapter 476 of the  laws  of  2018,
 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,  sex  trafficking  of a child as
 defined in section 230.34-a, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07347-01-9

 S. 1783                             2
 
 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, 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, firefighter or emer-
 gency 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, criminal 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 crimi-
 nal 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 chemi-
 cal weapon or biological 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 189 of the laws of 2018, 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

 S. 1783                             3
 
 and  unlawful  imprisonment  pursuant  to  sections  135.10,  135.20 and
 135.25; unlawful weapons possession pursuant to sections 265.02,  265.03
 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; sex trafficking of a
 child pursuant to section 230.34-a; 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  procedure  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 success-
 ful 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 189  of  the  laws  of  2018,  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,  230.34-a,  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 committed 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.