NY State Senate Bill 2019-S7284

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2020	referred to codes

2019-S7284 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §460.10, Pen L
Versions Introduced in 2021-2022 Legislative Session:: S974

2019-S7284 (ACTIVE) - Summary

Relates to adding criminal facilitation felonies to the definition of criminal act.

2019-S7284 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7284

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to adding criminal facili-
tation felonies to the definition of criminal act

 
PURPOSE:

This legislation would add criminal facilitation felonies to the list of
specified offenses for enterprise corruption.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 46.10 of the
penal law, as amended by chapter 134 of the laws of 2019, to include
section 115.01, 115.05 and 115.08 of the penal law as specified offenses
under the enterprise corruption statute.

Section 2 provides the effective date.

 
JUSTIFICATION:

Those engaged in organized crimes and criminal enterprises employ a
variety of tactics to further their criminal activities. One of those
tactics is the facilitation of another person in the commission of a
crime. Criminal facilitation includes making available, selling,
exchanging a community gun (Penal Law 115.20). Community guns are often
hidden about a neighborhood and shared by a small group of people who
use them when needed. According to the New York Times, the number of
these guns in our communities appears to be rising.  Background checks,
age requirements and mandatory waiting periods for gun purchases have
went a long way in preventing further gun violence in our state, but
community guns allow wrong-doers to evade the many protections that have
been put in place to curb this very violence.  By including criminal
facilitation as an enumerated offense for purposes of criminal enter-
prises, we can ensure that those who are endangering our neighborhoods
by leaving community guns around where they can be found by a child, or
utilized by a person who would otherwise not be allowed to legally
purchase a gun, we can ensure that appropriate sentencing options are
available to judges. We can also deter the use of, or supply of, a
community gun if the penalties associated with the use of these guns are
shared by the supplier.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that if chap-
ter 134 of the laws of 2019 shall not have taken effect on or before
such date, then section one of this act shall take effect on the same
date and in the same manner as chapter 134 of the laws of 2019, takes
effect.

2019-S7284 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7284
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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  adding  criminal  facili-
   tation felonies to the definition of criminal act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 1 of  section  460.10  of  the
 penal  law, as amended by chapter 134 of the laws of 2019, is amended to
 read as follows:
   (a) Any of the felonies set forth in this chapter:   SECTIONS  115.01,
 115.05  AND  115.08  RELATING TO CRIMINAL FACILITATION; sections 120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
 135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
 labor trafficking; section 135.65 relating to coercion; sections 140.20,
 140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
 145.12 relating to criminal mischief; article one hundred fifty relating
 to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
 care  fraud;  article  one  hundred  sixty relating to robbery; sections
 165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
 stolen  property; sections 165.72 and 165.73 relating to trademark coun-
 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
 170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
 176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
 to  criminal  diversion  of  prescription medications and prescriptions;
 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
 215.00,  215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
 187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
 190.40 and 190.42 relating to criminal usury; section 190.65 relating to
 schemes  to  defraud; any felony defined in article four hundred ninety-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13904-01-9

 S. 7284                             2
 
 six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
 sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
 section 215.40 relating to tampering with  physical  evidence;  sections
 220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
 substances; sections 225.10 and 225.20 relating  to  gambling;  sections
 230.25,  230.30,  and 230.32 relating to promoting prostitution; section
 230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
 trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
 relating to obscenity; sections 263.10 and 263.15 relating to  promoting
 a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
 265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
 constitute  a  felony  relating to firearms and other dangerous weapons;
 sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
 section  265.50  relating to the criminal manufacture, sale or transport
 of an undetectable firearm, rifle or shotgun;  section  275.10,  275.20,
 275.30,  or  275.40  relating  to  unauthorized recordings; and sections
 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   § 2. This act shall take effect immediately, provided,  however,  that
 if  chapter  134  of  the laws of 2019 shall not have taken effect on or
 before such date, then section one of this act shall take effect on  the
 same  date  and  in  the same manner as chapter 134 of the laws of 2019,
 takes effect.

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Senate Bill S7284

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S7284 (ACTIVE) - Details

2019-S7284 (ACTIVE) - Summary

2019-S7284 (ACTIVE) - Sponsor Memo

2019-S7284 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2019-S7284 (ACTIVE) - Details

2019-S7284 (ACTIVE) - Summary

2019-S7284 (ACTIVE) - Sponsor Memo

2019-S7284 (ACTIVE) - Bill Text download pdf

Comments