S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1527
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2015
                                      ___________
       Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes
       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
   24  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.
                                                                  LBD03951-01-5
       S. 1527                             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    S 3. The penal law is amended by adding a new section 120.12-a to read
   11  as follows:
   12  S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
   13    A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS  THAN  TEN
   14  YEARS  OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO CAUSE
   15  PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES  SUCH  INJURY  TO  A
   16  CHILD  LESS  THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON OR DANGEROUS
   17  INSTRUMENT.
   18    AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
   19  FELONY.
   20    S  4.  Section 265.08 of the penal law, as added by chapter 233 of the
   21  laws of 1980, is amended to read as follows:
   22  S 265.08 Criminal use of a firearm in the second degree.
   23    1. A person is guilty of criminal use  of  a  firearm  in  the  second
   24  degree  when  he  OR  SHE  commits any class C violent felony offense as
   25  defined in paragraph (b) of subdivision one of  section  70.02  OF  THIS
   26  CHAPTER,  OR  HE  OR SHE COMMITS A SPECIFIED OFFENSE WHILE KNOWING HE OR
   27  SHE IS ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF  SECTION
   28  220.00 OF THIS TITLE, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY PLAYGROUND
   29  OPERATED  BY  THE CITY OF NEW YORK OR ANY DEPARTMENT OR PUBLIC AUTHORITY
   30  THEREOF, and he OR SHE either:
   31    [(1)] (A) possesses a deadly weapon, if the weapon is a loaded  weapon
   32  from  which  a shot, readily capable of producing death or other serious
   33  injury may be discharged; or
   34    [(2)] (B) displays what appears to be a pistol, revolver, rifle, shot-
   35  gun, machine gun or other firearm.
   36    2. FOR THE PURPOSES OF THIS  SECTION,  A  "SPECIFIED  OFFENSE"  IS  AN
   37  OFFENSE  DEFINED  BY  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   38  SECTION 115.05 (CRIMINAL FACILITATION  IN  THE  SECOND  DEGREE),  265.16
   39  (CRIMINAL  SALE  OF A FIREARM TO A MINOR), 100.13 (CRIMINAL SOLICITATION
   40  IN THE FIRST DEGREE), 155.40  (GRAND  LARCENY  IN  THE  SECOND  DEGREE),
   41  120.05  (ASSAULT  IN  THE  SECOND  DEGREE),  265.11  (CRIMINAL SALE OF A
   42  FIREARM IN THE THIRD DEGREE), 130.90 (FACILITATING A SEX OFFENSE WITH  A
   43  CONTROLLED  SUBSTANCE),  215.16 (INTIMIDATING A VICTIM OR WITNESS IN THE
   44  SECOND DEGREE), 120.18 (MENACING A POLICE  OFFICER  OR  PEACE  OFFICER),
   45  120.02  (RECKLESS  ASSAULT  OF  A  CHILD), 120.60 (STALKING IN THE FIRST
   46  DEGREE), 121.12 (STRANGULATION IN THE SECOND DEGREE),  130.30  (RAPE  IN
   47  THE  SECOND  DEGREE), 130.45 (CRIMINAL SEXUAL ACT IN THE SECOND DEGREE),
   48  130.65 (SEXUAL ABUSE IN THE FIRST  DEGREE),  130.80  (COURSE  OF  SEXUAL
   49  CONDUCT AGAINST A CHILD IN THE SECOND DEGREE), 130.66 (AGGRAVATED SEXUAL
   50  ABUSE  IN  THE  THIRD  DEGREE),  135.65 (COERCION IN THE FIRST  DEGREE),
   51  265.17 (CRIMINAL PURCHASE OR DISPOSAL OF  A  WEAPON),  120.25  (RECKLESS
   52  ENDANGERMENT IN THE FIRST DEGREE), 160.05 (ROBBERY IN THE THIRD DEGREE),
   53  AND 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE).
   54    Criminal use of a firearm in the second degree is a class C felony.
   55    S 5. This act shall take effect on the first of November next succeed-
   56  ing the date upon which it shall have become a law.