NY State Senate Bill 2021-S974

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1109
Jan 05, 2022	referred to codes
Jan 06, 2021	referred to codes

Votes

- May 9, 2022 - Codes Committee Vote
  S974
  
  9
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 9, 2022
      
      aye (9)
      
      Akshar
      
      Biaggi
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kavanagh
      
      O'Mara
      
      Palumbo
      
      Savino
      
      nay (1)
      
      Brisport
      
      aye wr (3)
      
      Bailey
      
      Myrie
      
      Sepúlveda

2021-S974 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §460.10, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S7284

2021-S974 (ACTIVE) - Summary

Relates to adding criminal facilitation felonies to the definition of criminal act.

2021-S974 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S974

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to adding criminal facili-
tation felonies to the definition of criminal act

 
PURPOSE:

This legislation would add criminal facilitation felonies to the list of
specified offenses for enterprise corruption.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 460.10 of the
penal law, as amended by chapter 134 of the laws of 2019, to include
section 115.01, 115.05 and 115.08 of the penal law as specified offenses
under the enterprise corruption statute.

Section 2 provides the effective date.

 
JUSTIFICATION:

Those engaged in organized crimes and criminal enterprises employ a
variety of tactics to further their criminal activities. One of those
tactics is the facilitation of another person in the commission of a
crime. Criminal facilitation includes making available, selling,
exchanging a community gun (Penal Law 115.20). Community guns are often
hidden about a neighborhood and shared by a small group of people who
use them when needed. According to the New York Times, the number of
these guns in our communities appears to be rising.

Background checks, age requirements and mandatory waiting periods for
gun purchases have went a long way in preventing further gun violence in
our state, but community guns allow wrong-doers to evade the many
protections that have been put in place to curb this very violence.  By
including criminal facilitation as an enumerated offense for purposes of
criminal enterprises, we can ensure that those who are endangering our
neighborhoods by leaving community guns around where they can be found
by a child, or utilized by a person who would otherwise not be allowed
to legally purchase a gun, we can ensure that appropriate sentencing
options are available to judges. We can also deter the use of, or supply
of, a community gun if the penalties associated with the use of these
guns are shared by the supplier.

 
LEGISLATIVE HISTORY:

2020: S7284

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that if chap-
ter 134 of the laws of 2019 shall not have taken effect on or before
such date, then section one of this act shall take effect on the same
the and in the same manner as chapter 134 of the laws of 2019, takes
effect.

2021-S974 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    974
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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  adding  criminal  facili-
   tation felonies to the definition of criminal act

   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  460.10  of  the
 penal  law, as amended by chapter 134 of the laws of 2019, is amended to
 read as follows:
   (a) Any of the felonies set forth in this chapter:   SECTIONS  115.01,
 115.05  AND  115.08  RELATING TO CRIMINAL FACILITATION; sections 120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
 135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
 labor trafficking; section 135.65 relating to coercion; sections 140.20,
 140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
 145.12 relating to criminal mischief; article one hundred fifty relating
 to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
 care  fraud;  article  one  hundred  sixty relating to robbery; sections
 165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
 stolen  property; sections 165.72 and 165.73 relating to trademark coun-
 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
 170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
 176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
 to  criminal  diversion  of  prescription medications and prescriptions;
 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03795-01-1

 S. 974                              2
 
 215.00,  215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
 187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
 190.40 and 190.42 relating to criminal usury; section 190.65 relating to
 schemes  to  defraud; any felony defined in article four hundred ninety-
 six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
 sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
 section 215.40 relating to tampering with  physical  evidence;  sections
 220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
 substances; sections 225.10 and 225.20 relating  to  gambling;  sections
 230.25,  230.30,  and 230.32 relating to promoting prostitution; section
 230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
 trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
 relating to obscenity; sections 263.10 and 263.15 relating to  promoting
 a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
 265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
 constitute  a  felony  relating to firearms and other dangerous weapons;
 sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
 section  265.50  relating to the criminal manufacture, sale or transport
 of an undetectable firearm, rifle or shotgun;  section  275.10,  275.20,
 275.30,  or  275.40  relating  to  unauthorized recordings; and sections
 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   § 2. This act shall take effect immediately.

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Senate Bill S974

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 9, 2022 - Codes Committee Vote

Codes Committee Vote: May 9, 2022

2021-S974 (ACTIVE) - Details

2021-S974 (ACTIVE) - Summary

2021-S974 (ACTIVE) - Sponsor Memo

2021-S974 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S974

Share this bill

Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S974 (ACTIVE) - Details

2021-S974 (ACTIVE) - Summary

2021-S974 (ACTIVE) - Sponsor Memo

2021-S974 (ACTIVE) - Bill Text download pdf

Comments