Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Aug 17, 2012 |
referred to rules |
Senate Bill S7839
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
co-Sponsors
(R, C, IP, RFM) 24th Senate District
(R, C) 7th Senate District
2011-S7839 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§115.00, 115.01, 115.05, 115.08, 115.15, 265.00, 265.11 & 265.13, add §115.20, Pen L
- Versions Introduced in 2013-2014 Legislative Session:
-
S2175
2011-S7839 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7839 TITLE OF BILL: An act to amend the penal law, in relation to community guns and the criminal sale of a firearm in the first and third degrees PURPOSE: The bill seeks to address the major public safety issue whereby an ille- gal handgun is made available to many, usually gang associates, to be used to commit crimes and intimidate others. The bill would provide prosecutors with greater tools to attach criminal liability to all those responsible for the use of the weapon. SUMMARY OF PROVISIONS: Sections 1 through 6 expand Article 115 - Criminal Facilitation - to provide that sharing or making available a "community gun" is punishable as criminal facilitation where the gun aids another person in the commission of a felony, or, if the person aided is under the age of sixteen, the commission of any crime. Community gun facilitation is exempted from the corroboration requirement. Section 7 amends section 265.00 of the Penal Law to define "community gun" as a firearm shared by two or more persons, at least one of whom is not authorized to possess a firearm. Section 8 amends section 265.11 of the Penal Law to provide that the act
2011-S7839 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7839 I N S E N A T E August 17, 2012 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to community guns and the criminal sale of a firearm in the first and third degrees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 115.00 of the penal law, as amended by chapter 422 of the laws of 1978, is amended to read as follows: S 115.00 Criminal facilitation in the fourth degree. A person is guilty of criminal facilitation in the fourth degree when[,]: 1. believing it probable that he OR SHE is rendering aid: [1.] A. to a person who intends to commit a crime, he OR SHE engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felo- ny; or [2.] B. to a person under sixteen years of age who intends to engage in conduct which would constitute a crime, he OR SHE, being over eigh- teen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a crime; OR 2. HE OR SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD- ING, BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS PART; OR 3. HE OR SHE, BEING OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO POSSESS A FIREARM, SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CRIME, INCLUDING, BUT NOT LIMITED TO, A CRIME SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS PART. Criminal facilitation in the fourth degree is a class A misdemeanor. S 2. Section 115.01 of the penal law, as added by chapter 422 of the laws of 1978, is amended to read as follows:
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