Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Jan 14, 2013 |
referred to codes |
Senate Bill S2175
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
2013-S2175 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- 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 2011-2012 Legislative Session:
-
S7839
2013-S2175 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2175 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 where- by an illegal handgun is made available to many, usually gang associ- ates, 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: The bill first expands Penal Law Section 115 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. The bill further defines a "community gun" and amends section 265.11 of the Penal Law to provide that the act of sharing or making available a community gun constitutes criminal sale of a weapon in the third degree, a class D felony. The bill lastly amends section 265.13 of the penal law to provide that the unlawful sale or transfer of a firearm that causes the death of another person within three years from such sale or transfer constitutes
2013-S2175 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2175 2013-2014 Regular Sessions I N S E N A T E January 14, 2013 ___________ Introduced by Sen. GOLDEN -- 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06323-01-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.