S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8361--A
                                 I N  A S S E M B L Y
                                    January 9, 2014
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA,  ROSA, GUNTHER, CRESPO, BRINDISI,
         MAYER, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
         DiPIETRO,  GALEF,  SALADINO  -- Multi-Sponsored by -- M. of A. CAMARA,
         COOK, CROUCH, DUPREY, GARBARINO, GRAF, JACOBS, MAGEE, McDONALD,  MOYA,
         PERRY,  RIVERA,  SCARBOROUGH, SCHIMEL -- read once and referred to the
         Committee on Codes --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT to amend the penal law, in relation to establishing the offenses
         of aggravated assault upon a person less than ten years old and crimi-
         nal use of a firearm on a playground
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short title.  This act shall be known and may be cited as
    2  "Luisito's law".
    3    S 2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of  the
    4  penal  law,  paragraph (a) as amended by chapter 320 of the laws of 2006
    5  and paragraph (b) as amended by chapter 1  of  the  laws  of  2013,  are
    6  amended to read as follows:
    7    (a)  Class  B  violent felony offenses: an attempt to commit the class
    8  A-I felonies of murder in  the  second  degree  as  defined  in  section
    9  125.25, kidnapping in the first degree as defined in section 135.25, and
   10  arson  in the first degree as defined in section 150.20; manslaughter in
   11  the first degree as defined in section 125.20,  aggravated  manslaughter
   12  in  the  first  degree  as  defined in section 125.22, rape in the first
   13  degree as defined in section 130.35, criminal sexual act  in  the  first
   14  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   15  first degree as defined in section  130.70,  course  of  sexual  conduct
   16  against  a  child  in  the  first  degree  as defined in section 130.75;
   17  assault in the first degree as defined in section 120.10, kidnapping  in
   18  the  second  degree  as defined in section 135.20, burglary in the first
   19  degree as defined in section 140.30,  arson  in  the  second  degree  as
   20  defined  in  section  150.15,  robbery in the first degree as defined in
   21  section 160.15, incest in the first degree as defined in section 255.27,
   22  criminal possession of a weapon  in  the  first  degree  as  defined  in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13284-04-4
       A. 8361--A                          2
    1  section 265.04, criminal use of a firearm in the first degree as defined
    2  in  section  265.09,  criminal  sale of a firearm in the first degree as
    3  defined in section 265.13, AGGRAVATED ASSAULT UPON A  PERSON  LESS  THAN
    4  TEN  YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon a
    5  police officer or a peace officer as defined  in  section  120.11,  gang
    6  assault in the first degree as defined in section 120.07, intimidating a
    7  victim  or  witness  in  the  first degree as defined in section 215.17,
    8  hindering prosecution of terrorism in the first  degree  as  defined  in
    9  section  490.35,  criminal possession of a chemical weapon or biological
   10  weapon in the second degree as defined in section 490.40,  and  criminal
   11  use  of  a  chemical  weapon or biological weapon in the third degree as
   12  defined in section 490.47.
   13    (b) Class C violent felony offenses: an attempt to commit any  of  the
   14  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
   15  vated criminally negligent homicide as defined in section 125.11, aggra-
   16  vated manslaughter in the second degree as defined  in  section  125.21,
   17  aggravated  sexual  abuse  in  the  second  degree as defined in section
   18  130.67, assault on a peace officer, police officer, fireman or emergency
   19  medical services professional as defined in section 120.08, assault on a
   20  judge as defined in section 120.09, gang assault in the second degree as
   21  defined in section 120.06, strangulation in the first degree as  defined
   22  in  section  121.13, burglary in the second degree as defined in section
   23  140.25, robbery in the second degree as defined in section 160.10, crim-
   24  inal possession of a weapon in the second degree as defined  in  section
   25  265.03,  criminal  use  of  a firearm in the second degree as defined in
   26  section 265.08, CRIMINAL USE OF A FIREARM ON A PLAYGROUND AS DEFINED  IN
   27  SECTION  265.09-A,  criminal  sale  of a firearm in the second degree as
   28  defined in section 265.12, criminal sale of a firearm with the aid of  a
   29  minor  as defined in section 265.14, aggravated criminal possession of a
   30  weapon as defined in section 265.19, soliciting or providing support for
   31  an act of terrorism in the first degree as defined  in  section  490.15,
   32  hindering  prosecution  of  terrorism in the second degree as defined in
   33  section 490.30, and criminal possession of a chemical weapon or  biolog-
   34  ical weapon in the third degree as defined in section 490.37.
   35    S 3. The penal law is amended by adding a new section 120.12-a to read
   36  as follows:
   37  S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
   38    A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
   39  YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
   40  PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
   41  CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
   42  INSTRUMENT.
   43    AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
   44  FELONY.
   45    S 4. The penal law is amended by adding a new section 265.09-a to read
   46  as follows
   47  S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND.
   48    A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A  PLAYGROUND  WHEN
   49  HE  OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
   50  OTHER FIREARM UPON OR WITHIN FIVE HUNDRED FEET OF ANY AREA  OR  PREMISES
   51  DEDICATED TO RECREATIONAL USE BY CHILDREN.
   52    CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY.
   53    S 5. This act shall take effect on the first of November next succeed-
   54  ing the date upon which it shall have become a law.