S T A T E O F N E W Y O R K
________________________________________________________________________
6787
I N S E N A T E
February 22, 2016
___________
Introduced by Sen. ROBACH -- 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 crime of
criminal use of weapons; firing into a crowded space
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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; CRIMI-
NAL USE OF WEAPONS; FIRING INTO A CROWDED SPACE AS DEFINED IN SECTION
265.34; 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,
intimidating a victim or witness in the first degree as defined in
section 215.17, hindering prosecution of terrorism in the first degree
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14064-07-6
S. 6787 2
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 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
as amended by chapter 765 of the laws of 2005, is amended to read as
follows:
(a) For a class B felony, the term must be at least five years and
must not exceed twenty-five years, provided, however, that the term must
be: (i) at least ten years and must not exceed thirty years where the
sentence is for the crime of aggravated assault upon a police officer or
peace officer as defined in section 120.11 of this chapter; [and] (ii)
at least ten years and must not exceed thirty years where the sentence
is for the crime of aggravated manslaughter in the first degree as
defined in section 125.22 of this chapter; AND (III) AT LEAST TWENTY
YEARS WHERE THE SENTENCE IS FOR THE CRIME OF CRIMINAL USE OF WEAPONS;
FIRING INTO A CROWDED SPACE AS DEFINED IN SECTION 265.34 OF THIS CHAP-
TER;
S 3. The penal law is amended by adding a new section 265.34 to read
as follows:
S 265.34 CRIMINAL USE OF WEAPONS; FIRING INTO A CROWDED SPACE.
A PERSON IS GUILTY OF CRIMINAL USE OF WEAPONS; FIRING INTO A CROWDED
SPACE WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO CAUSE
PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE FIRES A FIREARM INTO A
CROWDED SPACE WITH THE INTENT TO HARM OR ABSENT THE INTENT TO HARM WHEN
SUCH AN ACT CREATES A GREAT RISK OF DEATH TO ONE OR MORE PEOPLE WITHIN
THE CROWDED SPACE.
(I) FOR THE PURPOSES OF THIS PARAGRAPH, "CROWDED SPACE" SHALL MEAN A
SPACE CONSISTING OF THREE OR MORE PEOPLE WITHIN ONE GENERAL OR SPECIFIC
AREA.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "GREAT RISK" SHALL MEAN
CONSISTING OF WANTON OR RECKLESS BEHAVIOR THAT EVINCES DEPRAVED INDIF-
FERENCE TO HUMAN LIFE WITHIN SUCH CROWDED SPACE.
CRIMINAL USE OF WEAPONS; FIRING INTO A CROWDED SPACE IS A CLASS B
FELONY.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
