S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3255
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M. of A. CLARK, SIMOTAS, JAFFEE -- Multi-Sponsored by --
         M. of A. ENGLEBRIGHT, GOTTFRIED --  read  once  and  referred  to  the
         Committee on Codes
       AN  ACT  to  amend  the penal law, in relation to community guns and the
         criminal sale of a firearm in the first and third degrees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 115.00 of the penal law, as amended by chapter 422
    2  of the laws of 1978, is amended to read as follows:
    3  S 115.00 Criminal facilitation in the fourth degree.
    4    A person is guilty of  criminal  facilitation  in  the  fourth  degree
    5  when[,]:
    6    1. believing it probable that he OR SHE is rendering aid:
    7    [1.]  A.  to a person who intends to commit a crime, he OR SHE engages
    8  in conduct which provides such person with means or opportunity for  the
    9  commission  thereof and which in fact aids such person to commit a felo-
   10  ny; or
   11    [2.] B. to a person under sixteen years of age who intends  to  engage
   12  in  conduct  which would constitute a crime, he OR SHE, being over eigh-
   13  teen years of age, engages in conduct which provides  such  person  with
   14  means  or  opportunity for the commission thereof and which in fact aids
   15  such person to commit a crime; OR
   16    2. HE OR SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK  STATE  LAW  TO
   17  POSSESS  A  FIREARM  SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES OR
   18  DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
   19  AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
   20  ING, BUT NOT LIMITED TO, A FELONY  SET  FORTH  IN  ARTICLE  TWO  HUNDRED
   21  SIXTY-FIVE OF THIS PART; OR
   22    3.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
   23  PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
   24  AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06323-02-3
       A. 3255                             2
    1  ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
    2  AIDS  A  PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CRIME, INCLUDING,
    3  BUT NOT LIMITED TO, A CRIME SET FORTH IN ARTICLE TWO HUNDRED  SIXTY-FIVE
    4  OF THIS PART.
    5    Criminal facilitation in the fourth degree is a class A misdemeanor.
    6    S  2.  Section 115.01 of the penal law, as added by chapter 422 of the
    7  laws of 1978, is amended to read as follows:
    8  S 115.01 Criminal facilitation in the third degree.
    9    A person IS guilty of criminal facilitation in the third degree, when:
   10    1. believing it probable that he OR SHE is rendering aid to  a  person
   11  under  sixteen  years of age who intends to engage in conduct that would
   12  constitute a felony, he OR  SHE,  being  over  eighteen  years  of  age,
   13  engages  in conduct which provides such person with means or opportunity
   14  for the commission thereof and which in fact aids such person to  commit
   15  a felony; OR
   16    2.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
   17  PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
   18  AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR
   19  ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
   20  AIDS  A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A FELONY, INCLUDING,
   21  BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
   22  OF THIS PART.
   23    Criminal facilitation in the third degree is a class E felony.
   24    S 3. Section 115.05 of the penal law, as amended by chapter 422 of the
   25  laws of 1978, is amended to read as follows:
   26  S 115.05 Criminal facilitation in the second degree.
   27    A person is guilty of  criminal  facilitation  in  the  second  degree
   28  when[,]:
   29    1.  believing  it probable that he OR SHE is rendering aid to a person
   30  who intends to commit a class A felony, he OR  SHE  engages  in  conduct
   31  which  provides such person with means or opportunity for the commission
   32  thereof and which in fact aids  such  person  to  commit  such  class  A
   33  felony; OR
   34    2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
   35  POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
   36  DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
   37  AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A CLASS A FELONY.
   38    Criminal facilitation in the second degree is a class C felony.
   39    S  4.  Section 115.08 of the penal law, as added by chapter 422 of the
   40  laws of 1978, is amended to read as follows:
   41  S 115.08 Criminal facilitation in the first degree.
   42    A person is guilty  of  criminal  facilitation  in  the  first  degree
   43  when[,]:
   44    1.  believing  it probable that he OR SHE is rendering aid to a person
   45  under sixteen years of age who intends to engage in conduct  that  would
   46  constitute  a  class  A  felony, he OR SHE, being over eighteen years of
   47  age, engages in conduct which provides such person with means or  oppor-
   48  tunity  for the commission thereof and which in fact aids such person to
   49  commit such a class A felony; OR
   50    2. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
   51  PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
   52  AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR
   53  ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
   54  AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CLASS A FELONY.
   55    Criminal facilitation in the first degree is a class B felony.
   56    S 5. Section 115.15 of the penal law is amended to read as follows:
       A. 3255                             3
    1  S 115.15 Criminal facilitation; corroboration.
    2    A  person  shall  not  be  convicted of criminal facilitation upon the
    3  testimony of a person who has committed the felony charged to have  been
    4  facilitated unless such testimony be corroborated by such other evidence
    5  as  tends to connect the defendant with such facilitation; PROVIDED THAT
    6  THIS SECTION SHALL NOT APPLY TO A CONVICTION  OF  CRIMINAL  FACILITATION
    7  FOR  SHARING, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
    8  OF A COMMUNITY GUN, OR ASSISTING ANY PERSON IN SUCH ACTIVITY.
    9    S 6. The penal law is amended by adding a new section 115.20  to  read
   10  as follows:
   11  S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
   12    AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
   13  MEANINGS:
   14    1. "COMMUNITY GUN" SHALL MEAN A FIREARM THAT IS  SHARED,  MADE  AVAIL-
   15  ABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR MORE
   16  PERSONS,  AT  LEAST  ONE  OF  WHOM  IS NOT AUTHORIZED PURSUANT TO LAW TO
   17  POSSESS A FIREARM.
   18    2. "DISPOSE OF" SHALL HAVE THE SAME MEANING  AS  PROVIDED  IN  SECTION
   19  265.00 OF THIS PART.
   20    3.  "SHARE"  AND  "MAKE AVAILABLE" SHALL, IN THE CASE OF A FIREARM, BE
   21  CONSTRUED TO INCLUDE, BUT SHALL NOT BE LIMITED TO, PLACING SUCH  FIREARM
   22  AT A LOCATION ACCESSIBLE AND KNOWN TO ONE OR MORE OTHER PERSONS.
   23    S 7. Section 265.00 of the penal law is amended by adding a new subdi-
   24  vision 25 to read as follows:
   25    25.  "COMMUNITY  GUN"  SHALL  HAVE THE DEFINITION SET FORTH IN SECTION
   26  115.20 OF THIS PART, AND THE TERMS "SHARE" AND "MAKE AVAILABLE" SHALL BE
   27  CONSTRUED AS SET FORTH IN SUCH SECTION.
   28    S 8. Section 265.11 of the penal law, as amended by chapter 764 of the
   29  laws of 2005, is amended to read as follows:
   30  S 265.11 Criminal sale of a firearm in the third degree.
   31    A person is guilty of criminal sale of a firearm in the  third  degree
   32  when  such person is not authorized pursuant to law to possess a firearm
   33  and such person unlawfully either:
   34    (1) sells, exchanges, gives or disposes of a firearm or large capacity
   35  ammunition feeding device to another person; [or]
   36    (2) possesses a firearm with the intent to sell it; OR
   37    (3) SHARE OR MAKES AVAILABLE A COMMUNITY GUN.
   38    Criminal sale of a firearm in the third degree is a class D felony.
   39    S 9. Section 265.13 of the penal law, as amended by chapter 764 of the
   40  laws of 2005, is amended to read as follows:
   41  S 265.13 Criminal sale of a firearm in the first degree.
   42    A person is guilty of criminal sale of a firearm in the  first  degree
   43  when such person:
   44    (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
   45  or more firearms; [or]
   46    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
   47  person  or  persons  a  total of ten or more firearms in a period of not
   48  more than one year; OR
   49    (3) BEING NOT AUTHORIZED BY NEW YORK STATE LAW TO  POSSESS  A  FIREARM
   50  UNLAWFULLY SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES, OR DISPOSES
   51  OF  A FIREARM TO ANOTHER PERSON, AND, WITHIN THREE YEARS THEREAFTER, THE
   52  FIREARM IS DISCHARGED AND CAUSES THE  DEATH  OF  ANOTHER  PERSON.    THE
   53  PROVISIONS  OF  THIS  SUBDIVISION SHALL ONLY APPLY WHEN SUCH FIREARM WAS
   54  DISCHARGED  INTENTIONALLY,  RECKLESSLY  OR  WITH  CRIMINAL   NEGLIGENCE,
   55  PROVIDED  THAT  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHEN
   56  SUCH FIREARM WAS DISCHARGED INTENTIONALLY  FOR  PURPOSES  OF  COMMITTING
       A. 3255                             4
    1  SUICIDE.  FOR  PURPOSES  OF  THIS  SUBDIVISION, THE TERM "FIREARM" SHALL
    2  INCLUDE BUT NOT BE LIMITED TO A COMMUNITY GUN.
    3    Criminal sale of a firearm in the first degree is a class B felony.
    4    S  10.  This  act  shall  take effect on the one hundred eightieth day
    5  after it shall have become a law.