S T A T E O F N E W Y O R K ________________________________________________________________________ 6634--A I N S E N A T E February 19, 2014 ___________ Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to establishing the offenses of aggravated assault upon a person less than ten years old and crimi- nal use of a firearm on a playground THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Luisito's law". 3 S 2. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the 4 penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 5 and paragraph (b) as amended by chapter 1 of the laws of 2013, are 6 amended to read as follows: 7 (a) Class B violent felony offenses: an attempt to commit the class 8 A-I felonies of murder in the second degree as defined in section 9 125.25, kidnapping in the first degree as defined in section 135.25, and 10 arson in the first degree as defined in section 150.20; manslaughter in 11 the first degree as defined in section 125.20, aggravated manslaughter 12 in the first degree as defined in section 125.22, rape in the first 13 degree as defined in section 130.35, criminal sexual act in the first 14 degree as defined in section 130.50, aggravated sexual abuse in the 15 first degree as defined in section 130.70, course of sexual conduct 16 against a child in the first degree as defined in section 130.75; 17 assault in the first degree as defined in section 120.10, kidnapping in 18 the second degree as defined in section 135.20, burglary in the first 19 degree as defined in section 140.30, arson in the second degree as 20 defined in section 150.15, robbery in the first degree as defined in 21 section 160.15, incest in the first degree as defined in section 255.27, 22 criminal possession of a weapon in the first degree as defined in 23 section 265.04, criminal use of a firearm in the first degree as defined 24 in section 265.09, criminal sale of a firearm in the first degree as 25 defined in section 265.13, AGGRAVATED ASSAULT UPON A PERSON LESS THAN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14072-02-4 S. 6634--A 2 1 TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon a 2 police officer or a peace officer as defined in section 120.11, gang 3 assault in the first degree as defined in section 120.07, intimidating a 4 victim or witness in the first degree as defined in section 215.17, 5 hindering prosecution of terrorism in the first degree as defined in 6 section 490.35, criminal possession of a chemical weapon or biological 7 weapon in the second degree as defined in section 490.40, and criminal 8 use of a chemical weapon or biological weapon in the third degree as 9 defined in section 490.47. 10 (b) Class C violent felony offenses: an attempt to commit any of the 11 class B felonies set forth in paragraph (a) of this subdivision; aggra- 12 vated criminally negligent homicide as defined in section 125.11, aggra- 13 vated manslaughter in the second degree as defined in section 125.21, 14 aggravated sexual abuse in the second degree as defined in section 15 130.67, assault on a peace officer, police officer, fireman or emergency 16 medical services professional as defined in section 120.08, assault on a 17 judge as defined in section 120.09, gang assault in the second degree as 18 defined in section 120.06, strangulation in the first degree as defined 19 in section 121.13, burglary in the second degree as defined in section 20 140.25, robbery in the second degree as defined in section 160.10, crim- 21 inal possession of a weapon in the second degree as defined in section 22 265.03, criminal use of a firearm in the second degree as defined in 23 section 265.08, CRIMINAL USE OF A FIREARM ON A PLAYGROUND AS DEFINED IN 24 SECTION 265.09-A, criminal sale of a firearm in the second degree as 25 defined in section 265.12, criminal sale of a firearm with the aid of a 26 minor as defined in section 265.14, aggravated criminal possession of a 27 weapon as defined in section 265.19, soliciting or providing support for 28 an act of terrorism in the first degree as defined in section 490.15, 29 hindering prosecution of terrorism in the second degree as defined in 30 section 490.30, and criminal possession of a chemical weapon or biolog- 31 ical weapon in the third degree as defined in section 490.37. 32 S 3. The penal law is amended by adding a new section 120.12-a to read 33 as follows: 34 S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD. 35 A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN 36 YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO CAUSE 37 PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES SUCH INJURY TO A 38 CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON OR DANGEROUS 39 INSTRUMENT. 40 AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B 41 FELONY. 42 S 4. The penal law is amended by adding a new section 265.09-a to read 43 as follows: 44 S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND. 45 A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A PLAYGROUND WHEN 46 HE OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR 47 OTHER FIREARM WITH KNOWLEDGE THAT SUCH DISCHARGE IS UPON OR WITHIN FIVE 48 HUNDRED FEET OF EITHER ANY SCHOOL GROUNDS OR ANY CHILDREN'S PLAYGROUND 49 OWNED AND OPERATED BY THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION 50 OR PUBLIC AUTHORITY THEREOF; PROVIDED, HOWEVER, THAT NOTHING IN THIS 51 SECTION SHALL PROHIBIT ANY OTHERWISE LAWFUL DISCHARGE OF A FIREARM AT AN 52 INDOOR OR OUTDOOR FIRING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCU- 53 PIED BY A DULY INCORPORATED ORGANIZATION ORGANIZED FOR CONSERVATION 54 PURPOSES OR TO FOSTER PROFICIENCY IN ARMS; AT AN INDOOR OR OUTDOOR 55 FIRING RANGE FOR THE PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGI- 56 ATE, OLYMPIC OR TARGET SHOOTING COMPETITION UNDER THE AUSPICES OF OR S. 6634--A 3 1 APPROVED BY THE NATIONAL RIFLE ASSOCIATION; OR AT AN ORGANIZED MATCH 2 SANCTIONED BY THE INTERNATIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION. 3 CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY. 4 S 5. This act shall take effect on the first of November next succeed- 5 ing the date upon which it shall have become a law.