STATE OF NEW YORK
________________________________________________________________________
6191
2017-2018 Regular Sessions
IN SENATE
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:
1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
2 the penal law, paragraph (a) as amended by chapter 368 of the laws of
3 2015 and paragraph (b) as amended by chapter 1 of the laws of 2013, are
4 amended to read as follows:
5 (a) Class B violent felony offenses: an attempt to commit the class
6 A-I felonies of murder in the second degree as defined in section
7 125.25, kidnapping in the first degree as defined in section 135.25, and
8 arson in the first degree as defined in section 150.20; manslaughter in
9 the first degree as defined in section 125.20, aggravated manslaughter
10 in the first degree as defined in section 125.22, rape in the first
11 degree as defined in section 130.35, criminal sexual act in the first
12 degree as defined in section 130.50, aggravated sexual abuse in the
13 first degree as defined in section 130.70, course of sexual conduct
14 against a child in the first degree as defined in section 130.75;
15 assault in the first degree as defined in section 120.10, kidnapping in
16 the second degree as defined in section 135.20, burglary in the first
17 degree as defined in section 140.30, arson in the second degree as
18 defined in section 150.15, robbery in the first degree as defined in
19 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
20 subdivision five of section 230.34, incest in the first degree as
21 defined in section 255.27, criminal possession of a weapon in the first
22 degree as defined in section 265.04, [criminal use of a firearm in the
23 first degree as defined in section 265.09,] criminal sale of a firearm
24 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
1 upon a police officer or a peace officer as defined in section 120.11,
2 gang assault in the first degree as defined in section 120.07, intim-
3 idating a victim or witness in the first degree as defined in section
4 215.17, hindering prosecution of terrorism in the first degree as
5 defined in section 490.35, criminal possession of a chemical weapon or
6 biological weapon in the second degree as defined in section 490.40, and
7 criminal use of a chemical weapon or biological weapon in the third
8 degree as defined in section 490.47.
9 (b) Class C violent felony offenses: an attempt to commit any of the
10 class B felonies set forth in paragraph (a) of this subdivision; aggra-
11 vated criminally negligent homicide as defined in section 125.11, aggra-
12 vated manslaughter in the second degree as defined in section 125.21,
13 aggravated sexual abuse in the second degree as defined in section
14 130.67, assault on a peace officer, police officer, fireman or emergency
15 medical services professional as defined in section 120.08, assault on a
16 judge as defined in section 120.09, gang assault in the second degree as
17 defined in section 120.06, strangulation in the first degree as defined
18 in section 121.13, burglary in the second degree as defined in section
19 140.25, robbery in the second degree as defined in section 160.10, crim-
20 inal possession of a weapon in the second degree as defined in section
21 265.03, [criminal use of a firearm in the second degree as defined in
22 section 265.08,] criminal sale of a firearm in the second degree as
23 defined in section 265.12, criminal sale of a firearm with the aid of a
24 minor as defined in section 265.14, aggravated criminal possession of a
25 weapon as defined in section 265.19, soliciting or providing support for
26 an act of terrorism in the first degree as defined in section 490.15,
27 hindering prosecution of terrorism in the second degree as defined in
28 section 490.30, and criminal possession of a chemical weapon or biolog-
29 ical weapon in the third degree as defined in section 490.37.
30 § 2. Sections 265.08 and 265.09 of the penal law are REPEALED and a
31 new section 265.50 is added to read as follows:
32 § 265.50 Criminal use of a firearm.
33 A person is guilty of criminal use of a firearm when he or she commits
34 a class A felony or a violent felony offense, as defined in subdivision
35 one of section 70.02 of this chapter and he or she either:
36 1. possesses a deadly weapon, if such weapon is a loaded weapon from
37 which a shot, readily capable of producing death or serious physical
38 injury may be discharged; or
39 2. displays what appears to be or is a pistol, revolver, rifle, shot-
40 gun, machine gun or other firearm.
41 Criminal use of a firearm is a class A-I felony.
42 § 3. Paragraph f of subdivision 1 of section 410 of the general busi-
43 ness law, as amended by chapter 80 of the laws of 2015, is amended to
44 read as follows:
45 f. Conviction of any of the following crimes subsequent to the issu-
46 ance of a license or registration pursuant to this article: fraud pursu-
47 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and
48 190.65; falsifying business records pursuant to section 175.10; grand
49 larceny pursuant to article 155; bribery pursuant to sections 180.03,
50 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
51 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;
52 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery
53 pursuant to article 160; homicide pursuant to sections 125.25 and
54 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping
55 and unlawful imprisonment pursuant to sections 135.10, 135.20 and
56 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
S. 6191 3
1 and 265.04; criminal use of a weapon pursuant to former sections 265.08
2 and 265.09, and section 265.50; criminal sale of a weapon pursuant to
3 sections 265.11 and 265.12; compelling prostitution pursuant to section
4 230.33; sex trafficking pursuant to section 230.34; and sex offenses
5 pursuant to article 130 of the penal law. Provided, however, that for
6 the purposes of this article, none of the following shall be considered
7 criminal convictions or reported as such: (i) a conviction for which an
8 executive pardon has been issued pursuant to the executive law; (ii) a
9 conviction which has been vacated and replaced by a youthful offender
10 finding pursuant to article seven hundred twenty of the criminal proce-
11 dure law, or the applicable provisions of law of any other jurisdiction;
12 or (iii) a conviction the records of which have been expunged or sealed
13 pursuant to the applicable provisions of the laws of this state or of
14 any other jurisdiction; and (iv) a conviction for which other evidence
15 of successful rehabilitation to remove the disability has been issued.
16 § 4. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
17 and traffic law, as amended by chapter 400 of the laws of 2011, is
18 amended to read as follows:
19 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
20 subdivision one and paragraph (a) of subdivision two of this section
21 that result in permanent disqualification shall include a conviction
22 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
23 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
24 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
25 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
26 and 265.50 of the penal law or an attempt to commit any of the aforesaid
27 offenses under section 110.00 of the penal law, or any offenses commit-
28 ted under a former section of the penal law which would constitute
29 violations of the aforesaid sections of the penal law, or any offenses
30 committed outside this state which would constitute violations of the
31 aforesaid sections of the penal law.
32 § 5. This act shall take effect on the first of November next succeed-
33 ing the date on which it shall have become a law; provided that the
34 provisions of sections one and two of this act shall only apply to
35 offenses committed on or after such effective date.