NY State Assembly Bill 2015-A5065B

Assembly Bill A5065B

2015-2016 Legislative Session

Establishes the class B felony of aggravated assault upon a person less than ten years old and expands criminal use of a firearm in the first degree to include commission of certain felonies on school grounds

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Archive: Last Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2016	print number 5065b
May 20, 2016	amend (t) and recommit to codes
Mar 24, 2016	print number 5065a
Mar 24, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Feb 12, 2015	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

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2015-A5065 - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02 & 265.09, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8361
2017-2018: A1977
2019-2020: A6814

2015-A5065 - Summary

2015-A5065 - Bill Text download pdf

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

                                  5065

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA, GUNTHER, CRESPO, BRINDISI, MAYER,
  GALEF, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
  DiPIETRO,  SALADINO  --  Multi-Sponsored  by -- M. of A. CAMARA, COOK,
  CROUCH, DUPREY, GARBARINO, GRAF, MAGEE, McDONALD, MOYA, PERRY, RIVERA,
  SCARBOROUGH, SCHIMEL -- read once and referred  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 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03951-01-5

A. 5065                             2

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
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.
  1.  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 A SPECIFIED OFFENSE 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 PLAYGROUND
OPERATED BY THE CITY OF NEW YORK OR ANY DEPARTMENT OR  PUBLIC  AUTHORITY
THEREOF, and he OR SHE either:
  [(1)]  (A) 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)] (B) displays what appears to be a pistol, revolver, rifle, shot-
gun, machine gun or other firearm.
  2.  FOR  THE  PURPOSES  OF  THIS  SECTION, A "SPECIFIED OFFENSE" IS AN
OFFENSE DEFINED BY ANY OF THE  FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:
SECTION  115.05  (CRIMINAL  FACILITATION  IN  THE SECOND DEGREE), 265.16
(CRIMINAL SALE OF A FIREARM TO A MINOR), 100.13  (CRIMINAL  SOLICITATION
IN  THE  FIRST  DEGREE),  155.40  (GRAND  LARCENY IN THE SECOND DEGREE),
120.05 (ASSAULT IN THE  SECOND  DEGREE),  265.11  (CRIMINAL  SALE  OF  A
FIREARM  IN THE THIRD DEGREE), 130.90 (FACILITATING A SEX OFFENSE WITH A
CONTROLLED SUBSTANCE), 215.16 (INTIMIDATING A VICTIM OR WITNESS  IN  THE
SECOND  DEGREE),  120.18  (MENACING  A POLICE OFFICER OR PEACE OFFICER),
120.02 (RECKLESS ASSAULT OF A CHILD),  120.60  (STALKING  IN  THE  FIRST
DEGREE),  121.12  (STRANGULATION  IN THE SECOND DEGREE), 130.30 (RAPE IN
THE SECOND DEGREE), 130.45 (CRIMINAL SEXUAL ACT IN THE  SECOND  DEGREE),
130.65  (SEXUAL  ABUSE  IN  THE  FIRST DEGREE), 130.80 (COURSE OF SEXUAL
CONDUCT AGAINST A CHILD IN THE SECOND DEGREE), 130.66 (AGGRAVATED SEXUAL
ABUSE IN THE THIRD DEGREE), 135.65 (COERCION  IN  THE  FIRST    DEGREE),
265.17  (CRIMINAL  PURCHASE  OR  DISPOSAL OF A WEAPON), 120.25 (RECKLESS

A. 5065                             3

ENDANGERMENT IN THE FIRST DEGREE), 160.05 (ROBBERY IN THE THIRD DEGREE),
AND 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE).
  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.

co-Sponsors

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multi-Sponsors

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2015-A5065A - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02 & 265.09, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8361
2017-2018: A1977
2019-2020: A6814

2015-A5065A - Summary

2015-A5065A - Bill Text download pdf

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

                                 5065--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA, GUNTHER, CRESPO, BRINDISI, MAYER,
  GALEF, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
  DiPIETRO,  SALADINO  --  Multi-Sponsored  by -- M. of A. COOK, CROUCH,
  DUPREY, GARBARINO, GRAF, MAGEE, McDONALD, MOYA, PERRY, RIVERA, SCHIMEL
  -- read once and referred to the Committee on Codes -- recommitted  to
  the  Committee  on Codes in accordance with Assembly Rule 3, sec. 2 --
  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 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 368 of the laws of 2015, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03951-03-6

A. 5065--A                          2

defined in section 150.15, robbery in the first  degree  as  defined  in
section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section  230.34,  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
police  officer  or  a  peace officer as defined in section 120.11, gang
assault in the first degree as defined  in  section  120.07,  AGGRAVATED
ASSAULT  UPON  A  PERSON  LESS  THAN TEN YEARS OLD AS DEFINED IN SECTION
120.12-A, 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.
  1.  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 A SPECIFIED OFFENSE WHILE  KNOWING  HE  OR
SHE  IS ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
220.00 OF THIS PART, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY  PLAYGROUND
OPERATED  BY  THE CITY OF NEW YORK OR ANY DEPARTMENT OR PUBLIC AUTHORITY
THEREOF, and he OR SHE either:
  [(1)] (A) 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)] (B) displays what appears to be a pistol, revolver, rifle, shot-
gun, machine gun or other firearm.
  2. FOR THE PURPOSES OF THIS  SECTION,  A  "SPECIFIED  OFFENSE"  IS  AN
OFFENSE  DEFINED  BY  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER:
SECTION 115.05 (CRIMINAL FACILITATION  IN  THE  SECOND  DEGREE),  265.16
(CRIMINAL  SALE  OF A FIREARM TO A MINOR), 100.13 (CRIMINAL SOLICITATION
IN THE FIRST DEGREE), 155.40  (GRAND  LARCENY  IN  THE  SECOND  DEGREE),
120.05  (ASSAULT  IN  THE  SECOND  DEGREE),  265.11  (CRIMINAL SALE OF A
FIREARM IN THE THIRD DEGREE), 130.90 (FACILITATING A SEX OFFENSE WITH  A
CONTROLLED  SUBSTANCE),  215.16 (INTIMIDATING A VICTIM OR WITNESS IN THE
SECOND DEGREE), 120.18 (MENACING A POLICE  OFFICER  OR  PEACE  OFFICER),
120.02  (RECKLESS  ASSAULT  OF  A  CHILD), 120.60 (STALKING IN THE FIRST
DEGREE), 121.12 (STRANGULATION IN THE SECOND DEGREE),  130.30  (RAPE  IN
THE  SECOND  DEGREE), 130.45 (CRIMINAL SEXUAL ACT IN THE SECOND DEGREE),
130.65 (SEXUAL ABUSE IN THE FIRST  DEGREE),  130.80  (COURSE  OF  SEXUAL
CONDUCT AGAINST A CHILD IN THE SECOND DEGREE), 130.66 (AGGRAVATED SEXUAL

A. 5065--A                          3

ABUSE  IN  THE  THIRD  DEGREE),  135.65 (COERCION IN THE FIRST  DEGREE),
265.17 (CRIMINAL PURCHASE OR DISPOSAL OF  A  WEAPON),  120.25  (RECKLESS
ENDANGERMENT IN THE FIRST DEGREE), 160.05 (ROBBERY IN THE THIRD DEGREE),
OR 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE).
  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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A5065B (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02 & 265.09, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8361
2017-2018: A1977
2019-2020: A6814

2015-A5065B (ACTIVE) - Summary

2015-A5065B (ACTIVE) - Bill Text download pdf

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

                                 5065--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA, GUNTHER, CRESPO, BRINDISI, MAYER,
  GALEF, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
  DiPIETRO,  SALADINO,  MILLER,  STECK,  WALKER, ROBINSON, THIELE, COOK,
  GRAF, HOOPER, PALMESANO -- Multi-Sponsored by --  M.  of  A.  CERETTO,
  CROUCH, DUPREY, GARBARINO, MAGEE, McDONALD, McDONOUGH, McKEVITT, MOYA,
  PALUMBO,  PERRY,  RIVERA,  SCHIMEL  --  read  once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  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 in the first 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 368 of the laws of 2015, 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03951-04-6

A. 5065--B                          2

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, sex trafficking as defined in paragraphs (a) and (b)  of
subdivision  five  of  section  230.34,  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
police officer or a peace officer as defined  in  section  120.11,  gang
assault  in  the  first  degree as defined in section 120.07, AGGRAVATED
ASSAULT UPON A PERSON LESS THAN TEN YEARS  OLD  AS  DEFINED  IN  SECTION
120.12-A,  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 265.09 of the penal law, as amended by chapter 650 of the
laws of 1996, subdivision 2 as amended by chapter 1 of the laws of 2013,
is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when he OR SHE commits any class  B  violent  felony  offense  as
defined  in  paragraph  (a)  of subdivision one of section 70.02 OF THIS
CHAPTER, OR HE OR SHE COMMITS A SPECIFIED OFFENSE WHILE  KNOWING  HE  OR
SHE  IS ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
220.00 OF THIS PART, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY  PLAYGROUND
OPERATED  BY  THE CITY OF NEW YORK OR ANY DEPARTMENT OR PUBLIC AUTHORITY
THEREOF, and he OR SHE either:
  (a) 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
  (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  [Criminal use of a firearm in the first degree is a class B felony.]
  (2) FOR THE PURPOSES OF THIS SECTION,  A  "SPECIFIED  OFFENSE"  IS  AN
OFFENSE  DEFINED  BY  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER:
SECTION 115.05 (CRIMINAL FACILITATION  IN  THE  SECOND  DEGREE),  265.16
(CRIMINAL  SALE  OF A FIREARM TO A MINOR), 100.13 (CRIMINAL SOLICITATION
IN THE FIRST DEGREE), 155.40  (GRAND  LARCENY  IN  THE  SECOND  DEGREE),
120.05  (ASSAULT  IN  THE  SECOND  DEGREE),  265.11  (CRIMINAL SALE OF A
FIREARM IN THE THIRD DEGREE), 130.90 (FACILITATING A SEX OFFENSE WITH  A
CONTROLLED  SUBSTANCE),  215.16 (INTIMIDATING A VICTIM OR WITNESS IN THE
SECOND DEGREE), 120.18 (MENACING A POLICE  OFFICER  OR  PEACE  OFFICER),

A. 5065--B                          3

120.02  (RECKLESS  ASSAULT  OF  A  CHILD), 120.60 (STALKING IN THE FIRST
DEGREE), 121.12 (STRANGULATION IN THE SECOND DEGREE),  130.30  (RAPE  IN
THE  SECOND  DEGREE), 130.45 (CRIMINAL SEXUAL ACT IN THE SECOND DEGREE),
130.65  (SEXUAL  ABUSE  IN  THE  FIRST DEGREE), 130.80 (COURSE OF SEXUAL
CONDUCT AGAINST A CHILD IN THE SECOND DEGREE), 130.66 (AGGRAVATED SEXUAL
ABUSE IN THE THIRD DEGREE),  135.65  (COERCION  IN  THE  FIRST  DEGREE),
265.17  (CRIMINAL  PURCHASE  OR  DISPOSAL OF A WEAPON), 120.25 (RECKLESS
ENDANGERMENT IN THE FIRST DEGREE), 165.05 (ROBBERY IN THE THIRD DEGREE),
OR 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE).
  (3) Sentencing. Notwithstanding any other  provision  of  law  to  the
contrary, when a person is convicted of criminal use of a firearm in the
first  degree  as  defined in subdivision one of this section, the court
shall impose an additional consecutive sentence of  five  years  to  the
sentence  imposed on the underlying class B violent felony offense where
the person convicted of such crime displays a loaded weapon from which a
shot, readily capable of producing death or other serious injury may  be
discharged,  in  furtherance  of the commission of such crime, provided,
however, that such additional sentence  shall  not  be  imposed  if  the
court, having regard to the nature and circumstances of the crime and to
the  history  and  character  of the defendant, finds on the record that
such additional consecutive sentence would be unduly harsh and that  not
imposing  such  sentence  would be consistent with the public safety and
would not deprecate the seriousness of the  crime.  Notwithstanding  any
other  provision  of law to the contrary, the aggregate of the five year
consecutive term imposed pursuant to this subdivision  and  the  minimum
term  of  the  indeterminate  sentence imposed on the underlying class B
violent felony shall constitute the new aggregate minimum term of impri-
sonment, and a person subject to such term shall be  required  to  serve
the  entire aggregate minimum term and shall not be eligible for release
on parole or conditional release  during  such  term.  This  subdivision
shall  not apply where the defendant's criminal liability for displaying
a loaded weapon from which a shot, readily capable of producing death or
other serious injury may be discharged, in furtherance of the commission
of crime is based on the conduct of another pursuant to section 20.00 of
this chapter.
  CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE IS A CLASS B 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.

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Assembly Bill A5065B

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Sponsored By

SEPULVEDA

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Aileen Gunther

Marcos Crespo

Anthony Brindisi

Shelley Mayer

multi-Sponsors

Vivian Cook

Clifford Crouch

Janet Duprey

Andrew R. Garbarino

2015-A5065 - Details

2015-A5065 - Summary

2015-A5065 - Bill Text download pdf

co-Sponsors

Aileen Gunther

Marcos Crespo

Anthony Brindisi

Shelley Mayer

multi-Sponsors

John Ceretto

Clifford Crouch

Janet Duprey

Andrew R. Garbarino

2015-A5065A - Details

2015-A5065A - Summary

2015-A5065A - Bill Text download pdf

co-Sponsors

Aileen Gunther

Marcos Crespo

Anthony Brindisi

Shelley Mayer

multi-Sponsors

John Ceretto

Clifford Crouch

Janet Duprey

Andrew R. Garbarino

2015-A5065B (ACTIVE) - Details

2015-A5065B (ACTIVE) - Summary

2015-A5065B (ACTIVE) - Bill Text download pdf

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