Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 10, 2014 |
print number 5602a |
Feb 10, 2014 |
amend and recommit to codes |
Jan 08, 2014 |
referred to codes |
May 24, 2013 |
referred to codes |
Senate Bill S5602A
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
Bill Amendments
2013-S5602 - Details
- See Assembly Version of this Bill:
- A3255
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§115.00, 115.01, 115.05, 115.08, 115.15, 115.20, 265.00, 265.11 & 265.13, Pen L
- Versions Introduced in 2015-2016 Legislative Session:
-
A4689
2013-S5602 - Sponsor Memo
BILL NUMBER:S5602 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 OR GENERAL IDEA OF BILL: The bill seeks to address the major public safety issue whereby an illegal 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 SPECIFIC 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
2013-S5602 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5602 2013-2014 Regular Sessions I N S E N A T E May 24, 2013 ___________ Introduced by Sen. ROBACH -- 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. LBD06323-02-3
2013-S5602A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3255
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§115.00, 115.01, 115.05, 115.08, 115.15, 115.20, 265.00, 265.11 & 265.13, Pen L
- Versions Introduced in 2015-2016 Legislative Session:
-
A4689
2013-S5602A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5602A 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 OR GENERAL IDEA OF BILL: The bill seeks to address the major public safety issue whereby an illegal 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 SPECIFIC 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.
2013-S5602A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5602--A 2013-2014 Regular Sessions I N S E N A T E May 24, 2013 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06323-03-4
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