S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    73
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 189 of the laws of 2018, 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,  sex  trafficking  of  a
 child  as  defined  in  section  230.34-a, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05207-01-9

 S. 73                               2
 
 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  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.