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

                                  2594

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to the criminal facilitation
  of crimes involving firearms

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

  Section 1. Section 115.08 of the penal law, as added by chapter 422 of
the laws of 1978, is amended to read as follows:
S 115.08 Criminal facilitation in the first degree.
  A  person  is  guilty  of  criminal  facilitation  in the first degree
when[,]:
  1. believing it probable that he OR SHE is rendering aid to  a  person
under  sixteen  years of age who intends to engage in conduct that would
constitute a class A felony, he OR SHE, being  over  eighteen  years  of
age,  engages in conduct which provides such person with means or oppor-
tunity for the commission thereof and which in fact aids such person  to
commit such a class A felony; OR
  2.    BY IMPLICATION OF THE ACT, SUCH PERSON ASSISTS, MAKES AVAILABLE,
FACILITATES AND/OR PROVIDES AN OPPORTUNITY  FOR  A  PRINCIPAL  ACTOR  TO
ACQUIRE  AN AUTOMATIC WEAPON, SHOTGUN, HANDGUN OR REVOLVER, WITH WHICH A
CLASS A FELONY IS PERFORMED BY SUCH PRINCIPAL ACTOR.
  Criminal facilitation in the first degree is a class B felony.
  S 2.   The opening paragraph of section 20.00  of  the  penal  law  is
designated  subdivision  1  and  a new subdivision 2 is added to read as
follows:
  2. A PERSON WHO, BY IMPLICATION, KNOWINGLY SUSPECTS THAT A  CRIME  MAY
BE  COMMITTED  IF THE   PERSON SOLICITS, REQUESTS, COMMANDS, IMPORTUNES,
INTENTIONALLY AIDS OR FACILITATES THE ACQUISITION OF AN AUTOMATIC  WEAP-
ON, SHOTGUN, HANDGUN OR REVOLVER WHICH IS THEN USED BY A PRINCIPAL ACTOR
TO  COMMIT  A CLASS A FELONY, SHALL BE CRIMINALLY LIABLE FOR THE COMMIS-
SION OF THE OFFENSE, AS IF THE PERSON WERE  THE  PRINCIPAL  ACTOR.  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07343-01-3
              

A. 2594                             2

PERSON,  BY  AIDING AND ABETTING IN THE COMMISSION OF THE CRIME SHALL BE
PROSECUTED EVEN IF THE PRINCIPAL ACTOR IS ACQUITTED.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.