S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6634--B
           Cal. No. 762
                                   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 -- reported favorably from said  committee,  ordered
         to  first  and  second report, ordered to a third reading, amended and
         ordered reprinted, retaining its place in the order of third reading
       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 in the second degree
         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.    Paragraph  (a) of subdivision 1 of section 70.02 of the penal
    4  law, as amended by chapter 320 of the laws of 2006, is amended  to  read
    5  as follows:
    6    (a)  Class  B  violent felony offenses: an attempt to commit the class
    7  A-I felonies of murder in  the  second  degree  as  defined  in  section
    8  125.25, kidnapping in the first degree as defined in section 135.25, and
    9  arson  in the first degree as defined in section 150.20; manslaughter in
   10  the first degree as defined in section 125.20,  aggravated  manslaughter
   11  in  the  first  degree  as  defined in section 125.22, rape in the first
   12  degree as defined in section 130.35, criminal sexual act  in  the  first
   13  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   14  first degree as defined in section  130.70,  course  of  sexual  conduct
   15  against  a  child  in  the  first  degree  as defined in section 130.75;
   16  assault in the first degree as defined in section 120.10, kidnapping  in
   17  the  second  degree  as defined in section 135.20, burglary in the first
   18  degree as defined in section 140.30,  arson  in  the  second  degree  as
   19  defined  in  section  150.15,  robbery in the first degree as defined in
   20  section 160.15, incest in the first degree as defined in section 255.27,
   21  criminal possession of a weapon  in  the  first  degree  as  defined  in
   22  section 265.04, criminal use of a firearm in the first degree as defined
   23  in  section  265.09,  criminal  sale of a firearm in the first degree as
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14072-03-4
       S. 6634--B                          2
    1  defined in section 265.13, AGGRAVATED ASSAULT UPON A  PERSON  LESS  THAN
    2  TEN  YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon a
    3  police officer or a peace officer as defined  in  section  120.11,  gang
    4  assault in the first degree as defined in section 120.07, intimidating a
    5  victim  or  witness  in  the  first degree as defined in section 215.17,
    6  hindering prosecution of terrorism in the first  degree  as  defined  in
    7  section  490.35,  criminal possession of a chemical weapon or biological
    8  weapon in the second degree as defined in section 490.40,  and  criminal
    9  use  of  a  chemical  weapon or biological weapon in the third degree as
   10  defined in section 490.47.
   11    S 3. The penal law is amended by adding a new section 120.12-a to read
   12  as follows:
   13  S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
   14    A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS  THAN  TEN
   15  YEARS  OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO CAUSE
   16  PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES  SUCH  INJURY  TO  A
   17  CHILD  LESS  THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON OR DANGEROUS
   18  INSTRUMENT.
   19    AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
   20  FELONY.
   21    S  4.  Section 265.08 of the penal law, as added by chapter 233 of the
   22  laws of 1980, is amended to read as follows:
   23  S 265.08 Criminal use of a firearm in the second degree.
   24    A person is guilty of criminal use of a firearm in the  second  degree
   25  when  he OR SHE commits any class C violent felony offense as defined in
   26  paragraph (b) of subdivision one of section 70.02 OF THIS CHAPTER, OR HE
   27  OR SHE COMMITS ANY CLASS D VIOLENT FELONY AS DEFINED IN PARAGRAPH (C) OF
   28  SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER WHILE KNOWING HE OR SHE
   29  IS ON SCHOOL GROUNDS, AS DEFINED  IN  SUBDIVISION  FOURTEEN  OF  SECTION
   30  220.00 OF THIS TITLE, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY SCHOOLYARD
   31  OR  PLAYGROUND  OPERATED  BY  THE  CITY OF NEW YORK OR ANY DEPARTMENT OR
   32  PUBLIC AUTHORITY THEREOF, and he OR SHE either:
   33    (1) possesses a deadly weapon, if the weapon is a loaded  weapon  from
   34  which a shot, readily capable of producing death or other serious injury
   35  may be discharged; or
   36    (2)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
   37  machine gun or other firearm.
   38    Criminal use of a firearm in the second degree is a class C felony.
   39    S 5. This act shall take effect on the first of November next succeed-
   40  ing the date upon which it shall have become a law.