NY State Senate Bill 2015-S1527A

Senate Bill S1527A

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 second degree to include commission of certain felonies on school grounds

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2016	print number 1527a
Mar 02, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Jan 13, 2015	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S1527 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02 & 265.08, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6634
2017-2018: S1951

2015-S1527 - Summary

Enacts "Luisito's law"; establishes the class B felony of aggravated assault upon a person less than ten years old; includes within the class C felony of criminal use of a firearm in the second degree the possession of a weapon while committing certain specified class C or D felonies upon school grounds or within 250 feet of a playground in the city of New York.

2015-S1527 - Sponsor Memo

                                BILL NUMBER:S1527

PURPOSE OR GENERAL IDEA OF BILL:

The purposes of this bill is to establish an act to be called
"Luisito's Law". It establishes a separate class B felony of
aggravated assault upon a person who is less than ten years old and
expands criminal use of a firearm in the second degree to include
commission of enumerated class C and D felonies on school grounds and
playgrounds.

SPECIFIC PROVISIONS:

Section 1: Enacts amendments to the Penal Law to establish and to be
known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes
that are to be considered to be a Class B violent felony a new crime
of aggravated assault upon a person less than ten years old as such
crime is to be established pursuant to new Penal Law section 120.12-a
(bill section 3).

Section 3: Adds a new Penal Law section 120.12-a, relating to
aggravated assault upon a person less than ten years old within
Article 120 that covers assault and related offenses. This provision
adds the new crime of aggravated assault upon a person that is less

than ten years old, if the assailant is 18 years or older, and such
person with the intent. to cause physical injury to another person,
causes injury by means of a deadly weapon or dangerous instrument.
Conviction of this crime would be a Class B felony.

Section 4: Amends Penal Law section 265.08, relating to criminal use
of a firearm in the second degree, a class C felony, to add instances
where a person commits a specified class C or D felony on school
grounds or within two hundred fifty feet of a playground operated by
the city of New York.

JUSTIFICATION:

This new law will be named after Luis Oyola, Jr., a three year old boy
who was struck by a stray bullet at a playground in the West Farms
neighborhood of the Bronx.

Luis was shot on August 30, 2013, while in Vidalia Park with his
family.  Fortunately, his wound was not fatal, but other children have
not been so lucky, and many more are being robbed of necessary outdoor
recreation by rising crime rates in public playgrounds. Already in
2014, the Gun Hill Playground, in the North Bronx, has been plagued by
multiple instances of gunfire and a nearby shooting death.

The enactment of Luisito's Law will change the current law by enacting
a new crime to enhance the punishment of a person convicted of
aggravated assault of a child under the age of 10 years old by means
of a deadly weapon or dangerous instrument. Further, expanding the
crime of criminal use of a firearm in the second degree will increase
the punishment of individuals who commit their violent crimes on or
near schools and playgrounds.


Each year too many children in this state become the victims of
unnecessary violence in the places where they should feel safe to
exercise and play. Like young Luis, these children are innocent
victims who can face a lifetime of physical pain, suffering, and
psychological damage because of the thoughtless acts of violent
criminals. This bill will help make playgrounds and schoolyards safe
places for families and children to congregate and create happy
childhood memories.

PRIOR LEGISLATIVE HISTORY:

2014 - S. 6634 - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date upon which it shall have become law.

2015-S1527 - Bill Text download pdf

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

                                  1527

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced by Sens. KLEIN, AVELLA -- 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 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
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.
                                                           LBD03951-01-5

S. 1527                             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.
  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
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

2015-S1527A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02 & 265.08, add §120.12-a, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6634
2017-2018: S1951

2015-S1527A (ACTIVE) - Summary

2015-S1527A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1527A

 TITLE OF BILL :

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 criminal use of a firearm in the second degree

 PURPOSE OR GENERAL IDEA OF BILL :

The purposes of this bill is to establish an act to be called
"Luisito's Law". It establishes a separate class B felony of
aggravated assault upon a person who is less than ten years old and
expands criminal use of a firearm in the second degree to include
commission of enumerated class C and D felonies on school grounds and
playgrounds.

 SPECIFIC PROVISIONS :

Section 1: Enacts amendments to the Penal Law to establish and to be
known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes
that are to be considered to be a Class B violent felony a new crime
of aggravated assault upon a person less than ten years old as such
crime is to be established pursuant to new Penal Law section 120.12-a

(bill section 3).

Section 3: Adds a new Penal Law section 120.12-a, relating to
aggravated assault upon a person less than ten years old within
Article 120 that covers assault and related offenses. This provision
adds the new crime of aggravated assault upon a person that is less
than ten years old, if the assailant is 18 years or older, and such
person with the intent. to cause physical injury to another person,
causes injury by means of a deadly weapon or dangerous instrument.
Conviction of this crime would be a Class B felony.

Section 4: Amends Penal Law section 265.08, relating to criminal use
of a firearm in the second degree, a class C felony, to add instances
where a person commits a specified class C or D felony on school
grounds or within two hundred fifty feet of a playground operated by
the city of New York.

 JUSTIFICATION :

This new law will be named after Luis Oyola, Jr., a three year old boy
who was struck by a stray bullet at a playground in the West Farms
neighborhood of the Bronx.

Luis was shot on August 30, 2013, while in Vidalia Park with his
family. Fortunately, his wound was not fatal, but other children have
not been so lucky, and many more are being robbed of necessary outdoor
recreation by rising crime rates in public playgrounds. Already in
2014, the Gun Hill Playground, in the North Bronx, has been plagued by
multiple instances of gunfire and a nearby shooting death.

The enactment of Luisito's Law will change the current law by enacting
a new crime to enhance the punishment of a person convicted of
aggravated assault of a child under the age of 10 years old by means
of a deadly weapon or dangerous instrument. Further, expanding the
crime of criminal use of a firearm in the second degree will increase
the punishment of individuals who commit their violent crimes on or
near schools and playgrounds.

Each year too many children in this state become the victims of
unnecessary violence in the places where they should feel safe to
exercise and play. Like young Luis, these children are innocent
victims who can face a lifetime of physical pain, suffering, and
psychological damage because of the thoughtless acts of violent
criminals. This bill will help make playgrounds and schoolyards safe
places for families and children to congregate and create happy
childhood memories.

This bill was amended in 2016 to incorporate a technical change due to
the enactment of Chapter 368 of the Laws of 2015.

 PRIOR LEGISLATIVE HISTORY :

2014 - S. 6634 - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become law.

2015-S1527A (ACTIVE) - Bill Text download pdf

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

                                 1527--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced by Sens. KLEIN, AVELLA -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03951-02-6

S. 1527--A                          2

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
ABUSE  IN  THE  THIRD  DEGREE),  135.65 (COERCION IN THE FIRST  DEGREE),
265.17 (CRIMINAL PURCHASE OR DISPOSAL OF  A  WEAPON),  120.25  (RECKLESS

S. 1527--A                          3

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.

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Senate Bill S1527A

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S1527 - Details

2015-S1527 - Summary

2015-S1527 - Sponsor Memo

2015-S1527 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S1527A (ACTIVE) - Details

2015-S1527A (ACTIVE) - Summary

2015-S1527A (ACTIVE) - Sponsor Memo

2015-S1527A (ACTIVE) - Bill Text download pdf

Comments