S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5271
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
   tee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03039-01-7

 A. 5271                             2
 
 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.
   § 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;
   §  3.  The penal law is amended by adding a new section 265.34 to read
 as follows:
 § 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.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.