S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6634

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 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:

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (b)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section 160.15, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as
defined  in  section  265.13, AGGRAVATED ASSAULT UPON A PERSON LESS THAN
TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon  a
police  officer  or  a  peace officer as defined in section 120.11, gang

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14072-01-4

S. 6634                             2

assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree  as  defined  in  section  215.17,
hindering  prosecution  of  terrorism  in the first degree as defined in
section  490.35,  criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40,  and  criminal
use  of  a  chemical  weapon or biological weapon in the third degree as
defined in section 490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal possession of a weapon in the second degree as defined  in  section
265.03,  criminal  use  of  a firearm in the second degree as defined in
section 265.08, CRIMINAL USE OF A FIREARM ON A PLAYGROUND AS DEFINED  IN
SECTION  265.09-A,  criminal  sale  of a firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, aggravated criminal possession of a
weapon as defined in section 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  S 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
INSTRUMENT.
  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
FELONY.
  S 4. The penal law is amended by adding a new section 265.09-a to read
as follows
S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A  PLAYGROUND  WHEN
HE  OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
OTHER FIREARM UPON OR WITHIN FIVE HUNDRED FEET OF ANY AREA  OR  PREMISES
DEDICATED TO RECREATIONAL USE BY CHILDREN.
  CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

                            
                    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:

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (b)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section 160.15, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as
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

TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon  a
police  officer  or  a  peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim  or  witness  in  the  first degree as defined in section 215.17,
hindering prosecution of terrorism in the first  degree  as  defined  in
section  490.35,  criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40,  and  criminal
use  of  a  chemical  weapon or biological weapon in the third degree as
defined in section 490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal possession of a weapon in the second degree as defined  in  section
265.03,  criminal  use  of  a firearm in the second degree as defined in
section 265.08, CRIMINAL USE OF A FIREARM ON A PLAYGROUND AS DEFINED  IN
SECTION  265.09-A,  criminal  sale  of a firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, aggravated criminal possession of a
weapon as defined in section 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  S 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
INSTRUMENT.
  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
FELONY.
  S 4. The penal law is amended by adding a new section 265.09-a to read
as follows:
S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A  PLAYGROUND  WHEN
HE  OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
OTHER FIREARM WITH KNOWLEDGE THAT SUCH DISCHARGE IS UPON OR WITHIN  FIVE
HUNDRED  FEET  OF EITHER ANY SCHOOL GROUNDS OR ANY CHILDREN'S PLAYGROUND
OWNED AND OPERATED BY THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION
OR PUBLIC AUTHORITY THEREOF; PROVIDED, HOWEVER,  THAT  NOTHING  IN  THIS
SECTION SHALL PROHIBIT ANY OTHERWISE LAWFUL DISCHARGE OF A FIREARM AT AN
INDOOR  OR OUTDOOR FIRING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCU-
PIED BY A DULY  INCORPORATED  ORGANIZATION  ORGANIZED  FOR  CONSERVATION
PURPOSES  OR  TO  FOSTER  PROFICIENCY  IN  ARMS; AT AN INDOOR OR OUTDOOR
FIRING RANGE FOR THE PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGI-
ATE, OLYMPIC OR TARGET SHOOTING COMPETITION UNDER  THE  AUSPICES  OF  OR

S. 6634--A                          3

APPROVED  BY  THE  NATIONAL  RIFLE ASSOCIATION; OR AT AN ORGANIZED MATCH
SANCTIONED BY THE INTERNATIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.
  CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6634--B
    Cal. No. 762

                            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 -- reported favorably from said  committee,  ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

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 in the second degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title.  This act shall be known and may be  cited  as
"Luisito's law".
  S  2.    Paragraph  (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 320 of the laws of 2006, is amended  to  read
as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14072-03-4

S. 6634--B                          2

defined in section 265.13, AGGRAVATED ASSAULT UPON A  PERSON  LESS  THAN
TEN  YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon a
police officer or a peace officer as defined  in  section  120.11,  gang
assault in the first degree as defined in section 120.07, intimidating a
victim  or  witness  in  the  first degree as defined in section 215.17,
hindering prosecution of terrorism in the first  degree  as  defined  in
section  490.35,  criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40,  and  criminal
use  of  a  chemical  weapon or biological weapon in the third degree as
defined in section 490.47.
  S 3. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS  THAN  TEN
YEARS  OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO CAUSE
PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES  SUCH  INJURY  TO  A
CHILD  LESS  THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON OR DANGEROUS
INSTRUMENT.
  AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
FELONY.
  S  4.  Section 265.08 of the penal law, as added by chapter 233 of the
laws of 1980, is amended to read as follows:
S 265.08 Criminal use of a firearm in the second degree.
  A person is guilty of criminal use of a firearm in the  second  degree
when  he OR SHE commits any class C violent felony offense as defined in
paragraph (b) of subdivision one of section 70.02 OF THIS CHAPTER, OR HE
OR SHE COMMITS ANY CLASS D VIOLENT FELONY AS DEFINED IN PARAGRAPH (C) OF
SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER WHILE KNOWING HE OR SHE
IS ON SCHOOL GROUNDS, AS DEFINED  IN  SUBDIVISION  FOURTEEN  OF  SECTION
220.00 OF THIS TITLE, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY SCHOOLYARD
OR  PLAYGROUND  OPERATED  BY  THE  CITY OF NEW YORK OR ANY DEPARTMENT OR
PUBLIC AUTHORITY THEREOF, and he OR SHE either:
  (1) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (2)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the second degree is a class C felony.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.