STATE OF NEW YORK
        ________________________________________________________________________
                                         1527--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 13, 2015
                                       ___________
        Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
          when  printed to be committed to the Committee on Codes -- recommitted
          to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
          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 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    §  2.    Paragraph  (a) of subdivision 1 of section 70.02 of the penal
     4  law, as amended by chapter 368 of the laws of 2015, 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, sex trafficking as defined in paragraphs (a) and (b)  of
    21  subdivision  five  of  section  230.34,  incest  in  the first degree as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03951-02-6