S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5821
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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
 the first degree as defined in section 265.13, aggravated assault upon a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04858-01-3
              

 S. 5821                             2
 
 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.