S T A T E   O F   N E W   Y O R K
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                                 3479--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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, the general business law and the vehicle
  and traffic law, in relation to criminal use  of  a  firearm;  and  to
  repeal sections 265.08 and 265.09 of the penal law relating thereto

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 368 of  the  laws  of
2015  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01567-02-6
              

S. 3479--A                          2

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,  intim-
idating  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  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  2.  Sections  265.08 and 265.09 of the penal law are REPEALED and a
new section 265.50 is added to read as follows:
S 265.50 CRIMINAL USE OF A FIREARM.
  A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM WHEN HE OR SHE COMMITS
A CLASS A FELONY OR A VIOLENT FELONY OFFENSE, AS DEFINED IN  SUBDIVISION
ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE EITHER:
  1.  POSSESSES  A DEADLY WEAPON, IF SUCH WEAPON IS A LOADED WEAPON FROM
WHICH A SHOT, READILY CAPABLE OF PRODUCING  DEATH  OR  SERIOUS  PHYSICAL
INJURY MAY BE DISCHARGED; OR
  2.  DISPLAYS WHAT APPEARS TO BE OR IS A PISTOL, REVOLVER, RIFLE, SHOT-
GUN, MACHINE GUN OR OTHER FIREARM.
  CRIMINAL USE OF A FIREARM IS A CLASS A-I FELONY.
  S 3. Paragraph f of subdivision 1 of section 410 of the general  busi-
ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
read as follows:
  f. Conviction of any of the following crimes subsequent to  the  issu-
ance of a license or registration pursuant to this article: fraud pursu-
ant  to  sections  170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and
190.65; falsifying business records pursuant to  section  175.10;  grand
larceny  pursuant  to  article 155; bribery pursuant to sections 180.03,
180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,  200.12,
200.45,  200.50;  perjury  pursuant  to sections 210.10, 210.15, 210.40;
assault pursuant to sections 120.05,  120.10,  120.11,  120.12;  robbery
pursuant  to  article  160;  homicide  pursuant  to  sections 125.25 and

S. 3479--A                          3

125.27; manslaughter pursuant to sections 125.15 and 125.20;  kidnapping
and  unlawful  imprisonment  pursuant  to  sections  135.10,  135.20 and
135.25; unlawful weapons possession pursuant to sections 265.02,  265.03
and  265.04; criminal use of a weapon pursuant to FORMER sections 265.08
and 265.09, AND SECTION 265.50; criminal sale of a  weapon  pursuant  to
sections  265.11 and 265.12; compelling prostitution pursuant to section
230.33; sex trafficking pursuant to section  230.34;  and  sex  offenses
pursuant  to  article  130 of the penal law. Provided, however, that for
the purposes of this article, none of the following shall be  considered
criminal  convictions or reported as such: (i) a conviction for which an
executive pardon has been issued pursuant to the executive law;  (ii)  a
conviction  which  has  been vacated and replaced by a youthful offender
finding pursuant to article seven hundred twenty of the criminal  proce-
dure law, or the applicable provisions of law of any other jurisdiction;
or  (iii) a conviction the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this  state  or  of
any  other  jurisdiction; and (iv) a conviction for which other evidence
of successful rehabilitation to remove the disability has been issued.
  S 4. Paragraph (a) of subdivision 4 of section 509-cc of  the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,  263.16
AND 265.50 of the penal law or an attempt to commit any of the aforesaid
offenses  under section 110.00 of the penal law, or any offenses commit-
ted under a former section of  the  penal  law  which  would  constitute
violations  of  the aforesaid sections of the penal law, or any offenses
committed outside this state which would constitute  violations  of  the
aforesaid sections of the penal law.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided that if chap-
ter  368  of  the  laws of 2015 shall not have taken effect on or before
such effective date, then the amendments to paragraph (a) of subdivision
1 of section 70.02 of the penal law, made by section one  of  this  act,
shall take effect on the same date and in the same manner as chapter 368
of  the  laws  of  2015  takes  effect;  and provided, further, that the
provisions of sections one and two of  this  act  shall  only  apply  to
offenses committed on or after such effective date.