S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4380
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to the commission of certain
   weapons offenses on school grounds
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 265.00 of the penal law is amended by adding a new
 subdivision 26 to read as follows:
   26. "SCHOOL GROUNDS" MEANS (A) ANY AREA IN, ON OR WITHIN ANY BUILDING,
 STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN
 THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PARO-
 CHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
 AREA  ACCESSIBLE  TO  THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE
 REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH  SCHOOL  OR  ANY  PARKED
 AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
 THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  SUCH  SCHOOL.  FOR  THE
 PURPOSES  OF  THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
 SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
 RANTS.
   § 2. Subdivisions 9 and 10 of section 265.02  of  the  penal  law,  as
 added  by  chapter 1 of the laws of 2013, are amended and a new subdivi-
 sion 11 is added to read as follows:
   (9) Such person possesses an unloaded firearm and also commits a  drug
 trafficking felony as defined in subdivision twenty-one of section 10.00
 of this chapter as part of the same criminal transaction; [or]
   (10)  Such  person  possesses an unloaded firearm and also commits any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR
   (11) SUCH PERSON COMMITS THE CRIME OF CRIMINAL POSSESSION OF A  WEAPON
 IN  THE  FOURTH  DEGREE AS DEFINED IN SECTION 265.01 OF THIS ARTICLE AND
 SUCH CRIME TAKES PLACE UPON SCHOOL GROUNDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03431-01-7

 A. 4380                             2
 
   § 3. Section 265.03 of the penal law, as amended by chapter 742 of the
 laws of 2006, subdivisions 1 and 3 as amended by chapter 745 of the laws
 of 2006, is amended to read as follows:
 § 265.03 Criminal possession of a weapon in the second degree.
   A  person  is  guilty of criminal possession of a weapon in the second
 degree when:
   (1) with intent to use  the  same  unlawfully  against  another,  such
 person:
   (a) possesses a machine-gun; or
   (b) possesses a loaded firearm; or
   (c) possesses a disguised gun; or
   (D)  COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE THIRD
 DEGREE AS DEFINED IN SUBDIVISION ONE, TWO, THREE, FIVE, SIX,  SEVEN,  OR
 EIGHT  OF  SECTION  265.02 OF THIS ARTICLE AND SUCH CRIME TAKES PLACE ON
 SCHOOL GROUNDS; OR
   (2) such person possesses five or more firearms; or
   (3) such person possesses any loaded firearm.  Such  possession  shall
 not, except as provided in subdivision one or seven of section 265.02 of
 this  article,  constitute  a  violation  of  this  subdivision  if such
 possession takes place in such person's home or place of business.
   Criminal possession of a weapon in the second  degree  is  a  class  C
 felony.
   § 4. Section 265.04 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:
 § 265.04 Criminal possession of a weapon in the first degree.
   A  person  is  guilty  of criminal possession of a weapon in the first
 degree when such person:
   (1) possesses any explosive substance with  intent  to  use  the  same
 unlawfully against the person or property of another; or
   (2) possesses ten or more firearms[.]; OR
   (3) COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE SECOND
 DEGREE  AS  DEFINED IN SUBDIVISION ONE OF SECTION 265.03 OF THIS ARTICLE
 AND SUCH CRIME TAKES PLACE ON SCHOOL GROUNDS.
   Criminal possession of a weapon in the first degree is a class B felo-
 ny.
   § 5. Section 265.12 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:
 § 265.12 Criminal sale of a firearm in the second degree.
   A person is guilty of criminal sale of a firearm in the second  degree
 when such person:
   (1)  unlawfully sells, exchanges, gives or disposes of to another five
 or more firearms; or
   (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
 person  or  persons  a total of five or more firearms in a period of not
 more than one year[.]; OR
   (3) COMMITS THE CRIME OF CRIMINAL SALE  OF  A  FIREARM  IN  THE  THIRD
 DEGREE  AS  DEFINED  IN SUBDIVISION ONE OR TWO OF SECTION 265.11 OF THIS
 ARTICLE AND SUCH CRIME TAKES PLACE ON SCHOOL GROUNDS.
   Criminal sale of a firearm in the second degree is a class C felony.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.