S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6634--A
                                   I N  S E N A T E
                                   February 19, 2014
                                      ___________
       Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
         when  printed  to  be committed 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
   23  section 265.04, criminal use of a firearm in the first degree as defined
   24  in section 265.09, criminal sale of a firearm in  the  first  degree  as
   25  defined  in  section  265.13, AGGRAVATED ASSAULT UPON A PERSON LESS THAN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14072-02-4
       S. 6634--A                          2
    1  TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon  a
    2  police  officer  or  a  peace officer as defined in section 120.11, gang
    3  assault in the first degree as defined in section 120.07, intimidating a
    4  victim  or  witness  in  the  first degree as defined in section 215.17,
    5  hindering prosecution of terrorism in the first  degree  as  defined  in
    6  section  490.35,  criminal possession of a chemical weapon or biological
    7  weapon in the second degree as defined in section 490.40,  and  criminal
    8  use  of  a  chemical  weapon or biological weapon in the third degree as
    9  defined in section 490.47.
   10    (b) Class C violent felony offenses: an attempt to commit any  of  the
   11  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
   12  vated criminally negligent homicide as defined in section 125.11, aggra-
   13  vated manslaughter in the second degree as defined  in  section  125.21,
   14  aggravated  sexual  abuse  in  the  second  degree as defined in section
   15  130.67, assault on a peace officer, police officer, fireman or emergency
   16  medical services professional as defined in section 120.08, assault on a
   17  judge as defined in section 120.09, gang assault in the second degree as
   18  defined in section 120.06, strangulation in the first degree as  defined
   19  in  section  121.13, burglary in the second degree as defined in section
   20  140.25, robbery in the second degree as defined in section 160.10, crim-
   21  inal possession of a weapon in the second degree as defined  in  section
   22  265.03,  criminal  use  of  a firearm in the second degree as defined in
   23  section 265.08, CRIMINAL USE OF A FIREARM ON A PLAYGROUND AS DEFINED  IN
   24  SECTION  265.09-A,  criminal  sale  of a firearm in the second degree as
   25  defined in section 265.12, criminal sale of a firearm with the aid of  a
   26  minor  as defined in section 265.14, aggravated criminal possession of a
   27  weapon as defined in section 265.19, soliciting or providing support for
   28  an act of terrorism in the first degree as defined  in  section  490.15,
   29  hindering  prosecution  of  terrorism in the second degree as defined in
   30  section 490.30, and criminal possession of a chemical weapon or  biolog-
   31  ical weapon in the third degree as defined in section 490.37.
   32    S 3. The penal law is amended by adding a new section 120.12-a to read
   33  as follows:
   34  S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
   35    A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
   36  YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
   37  PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
   38  CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
   39  INSTRUMENT.
   40    AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
   41  FELONY.
   42    S 4. The penal law is amended by adding a new section 265.09-a to read
   43  as follows:
   44  S 265.09-A CRIMINAL USE OF A FIREARM ON A PLAYGROUND.
   45    A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM ON A  PLAYGROUND  WHEN
   46  HE  OR SHE DISCHARGES A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
   47  OTHER FIREARM WITH KNOWLEDGE THAT SUCH DISCHARGE IS UPON OR WITHIN  FIVE
   48  HUNDRED  FEET  OF EITHER ANY SCHOOL GROUNDS OR ANY CHILDREN'S PLAYGROUND
   49  OWNED AND OPERATED BY THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION
   50  OR PUBLIC AUTHORITY THEREOF; PROVIDED, HOWEVER,  THAT  NOTHING  IN  THIS
   51  SECTION SHALL PROHIBIT ANY OTHERWISE LAWFUL DISCHARGE OF A FIREARM AT AN
   52  INDOOR  OR OUTDOOR FIRING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCU-
   53  PIED BY A DULY  INCORPORATED  ORGANIZATION  ORGANIZED  FOR  CONSERVATION
   54  PURPOSES  OR  TO  FOSTER  PROFICIENCY  IN  ARMS; AT AN INDOOR OR OUTDOOR
   55  FIRING RANGE FOR THE PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGI-
   56  ATE, OLYMPIC OR TARGET SHOOTING COMPETITION UNDER  THE  AUSPICES  OF  OR
       S. 6634--A                          3
    1  APPROVED  BY  THE  NATIONAL  RIFLE ASSOCIATION; OR AT AN ORGANIZED MATCH
    2  SANCTIONED BY THE INTERNATIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.
    3    CRIMINAL USE OF A FIREARM ON A PLAYGROUND IS A CLASS C FELONY.
    4    S 5. This act shall take effect on the first of November next succeed-
    5  ing the date upon which it shall have become a law.