Senate Bill S5821

2023-2024 Legislative Session

Establishes the crime of criminal use of weapons; firing into a crowded space

download bill text pdf

Sponsored By

Current 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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2023-S5821 (ACTIVE) - Details

See Assembly Version of this Bill:
A2929
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.02, add §265.34, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5271
2019-2020: A6055
2021-2022: A4259

2023-S5821 (ACTIVE) - Summary

Makes it a class B violent felony to fire a gun into a crowded space with the intent to harm or absent the intent to harm when such an act creates a great risk of death to one or more people within the crowded space; establishes the crime of criminal use of weapons; firing into a crowded space.

2023-S5821 (ACTIVE) - Sponsor Memo

2023-S5821 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5821
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 crime  of
   criminal use of weapons; firing into a crowded space
 
   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  70.02  of  the
 penal  law, as amended by chapter 189 of the laws of 2018, 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; CRIMI-
 NAL USE OF WEAPONS; FIRING INTO A CROWDED SPACE AS  DEFINED  IN  SECTION
 265.34;  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 first degree as defined in section 265.13, aggravated assault upon a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04858-01-3
              

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