S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3479
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, the general business law and the  vehicle
         and  traffic  law,  in  relation  to criminal use of a firearm; and to
         repeal sections 265.08 and 265.09 of the penal law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
    2  the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
    3  2006 and paragraph (b) as amended by chapter 1 of the laws of 2013,  are
    4  amended to read as follows:
    5    (a)  Class  B  violent felony offenses: an attempt to commit the class
    6  A-I felonies of murder in  the  second  degree  as  defined  in  section
    7  125.25, kidnapping in the first degree as defined in section 135.25, and
    8  arson  in the first degree as defined in section 150.20; manslaughter in
    9  the first degree as defined in section 125.20,  aggravated  manslaughter
   10  in  the  first  degree  as  defined in section 125.22, rape in the first
   11  degree as defined in section 130.35, criminal sexual act  in  the  first
   12  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   13  first degree as defined in section  130.70,  course  of  sexual  conduct
   14  against  a  child  in  the  first  degree  as defined in section 130.75;
   15  assault in the first degree as defined in section 120.10, kidnapping  in
   16  the  second  degree  as defined in section 135.20, burglary in the first
   17  degree as defined in section 140.30,  arson  in  the  second  degree  as
   18  defined  in  section  150.15,  robbery in the first degree as defined in
   19  section 160.15, incest in the first degree as defined in section 255.27,
   20  criminal possession of a weapon  in  the  first  degree  as  defined  in
   21  section  265.04,  [criminal  use  of  a  firearm  in the first degree as
   22  defined in section 265.09,] criminal sale of  a  firearm  in  the  first
   23  degree  as  defined  in section 265.13, aggravated assault upon a police
   24  officer or a peace officer as defined in section 120.11, gang assault in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01567-01-5
       S. 3479                             2
    1  the first degree as defined in section 120.07, intimidating a victim  or
    2  witness  in  the  first  degree  as defined in section 215.17, hindering
    3  prosecution of terrorism in the  first  degree  as  defined  in  section
    4  490.35, criminal possession of a chemical weapon or biological weapon in
    5  the  second  degree  as defined in section 490.40, and criminal use of a
    6  chemical weapon or biological weapon in the third degree as  defined  in
    7  section 490.47.
    8    (b)  Class  C violent felony offenses: an attempt to commit any of the
    9  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   10  vated criminally negligent homicide as defined in section 125.11, aggra-
   11  vated  manslaughter  in  the second degree as defined in section 125.21,
   12  aggravated sexual abuse in the  second  degree  as  defined  in  section
   13  130.67, assault on a peace officer, police officer, fireman or emergency
   14  medical services professional as defined in section 120.08, assault on a
   15  judge as defined in section 120.09, gang assault in the second degree as
   16  defined  in section 120.06, strangulation in the first degree as defined
   17  in section 121.13, burglary in the second degree as defined  in  section
   18  140.25, robbery in the second degree as defined in section 160.10, crim-
   19  inal  possession  of a weapon in the second degree as defined in section
   20  265.03, [criminal use of a firearm in the second degree  as  defined  in
   21  section  265.08,]  criminal  sale  of  a firearm in the second degree as
   22  defined in section 265.12, criminal sale of a firearm with the aid of  a
   23  minor  as defined in section 265.14, aggravated criminal possession of a
   24  weapon as defined in section 265.19, soliciting or providing support for
   25  an act of terrorism in the first degree as defined  in  section  490.15,
   26  hindering  prosecution  of  terrorism in the second degree as defined in
   27  section 490.30, and criminal possession of a chemical weapon or  biolog-
   28  ical weapon in the third degree as defined in section 490.37.
   29    S  2.  Sections  265.08 and 265.09 of the penal law are REPEALED and a
   30  new section 265.50 is added to read as follows:
   31  S 265.50 CRIMINAL USE OF A FIREARM.
   32    A PERSON IS GUILTY OF CRIMINAL USE OF A FIREARM WHEN HE OR SHE COMMITS
   33  A CLASS A FELONY OR A VIOLENT FELONY OFFENSE, AS DEFINED IN  SUBDIVISION
   34  ONE OF SECTION 70.02 OF THIS CHAPTER AND HE OR SHE EITHER:
   35    1.  POSSESSES  A DEADLY WEAPON, IF SUCH WEAPON IS A LOADED WEAPON FROM
   36  WHICH A SHOT, READILY CAPABLE OF PRODUCING  DEATH  OR  SERIOUS  PHYSICAL
   37  INJURY MAY BE DISCHARGED; OR
   38    2.  DISPLAYS WHAT APPEARS TO BE OR IS A PISTOL, REVOLVER, RIFLE, SHOT-
   39  GUN, MACHINE GUN OR OTHER FIREARM.
   40    CRIMINAL USE OF A FIREARM IS A CLASS A-I FELONY.
   41    S 3. Paragraph f of subdivision 1 of section 410 of the general  busi-
   42  ness  law,  as  added  by chapter 509 of the laws of 1992, is amended to
   43  read as follows:
   44    f. Conviction of any of the following crimes subsequent to  the  issu-
   45  ance  of a license pursuant to this article:  fraud pursuant to sections
   46  170.10, 170.15, 176.15, 176.20, 176.25, 176.30  and  190.65;  falsifying
   47  business  records  pursuant to section 175.10; grand larceny pursuant to
   48  article 155;  bribery  pursuant  to  sections  180.03,  180.08,  180.15,
   49  180.25,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45, 200.50;
   50  perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to
   51  sections 120.05, 120.10, 120.11, 120.12;  robbery  pursuant  to  article
   52  160;  homicide  pursuant  to  sections  125.25  and 125.27; manslaughter
   53  pursuant to sections 125.15 and 125.20; kidnapping and  unlawful  impri-
   54  sonment pursuant to sections 135.10, 135.20 and 135.25; unlawful weapons
   55  possession  pursuant to sections 265.02, 265.03 and 265.04; criminal use
   56  of a weapon pursuant to FORMER sections 265.08 and 265.09,  AND  SECTION
       S. 3479                             3
    1  265.50;  criminal  sale  of  a  weapon  pursuant  to sections 265.11 and
    2  265.12; and sex offenses pursuant to  article  130  of  the  penal  law.
    3  Provided,  however,  that  for the purposes of this article, none of the
    4  following  shall be considered criminal convictions or reported as such:
    5  (i) a conviction for which an executive pardon has been issued  pursuant
    6  to  the  executive  law;  (ii)  a  conviction which has been vacated and
    7  replaced by a  youthful  offender  finding  pursuant  to  article  seven
    8  hundred  twenty  of  the  criminal  procedure  law,  or  the  applicable
    9  provisions of law of any other jurisdiction; or (iii) a  conviction  the
   10  records of which have been expunged or sealed pursuant to the applicable
   11  provisions  of  the laws of this state or of any other jurisdiction; and
   12  (iv) a conviction for which other evidence of successful  rehabilitation
   13  to remove the disability has been issued.
   14    S  4.  Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
   15  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
   16  amended to read as follows:
   17    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
   18  subdivision one and paragraph (a) of subdivision  two  of  this  section
   19  that  result  in  permanent  disqualification shall include a conviction
   20  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
   21  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
   22  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
   23  230.30,  230.32,  230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
   24  AND 265.50 of the penal law or an attempt to commit any of the aforesaid
   25  offenses under section 110.00 of the penal law, or any offenses  commit-
   26  ted  under  a  former  section  of  the penal law which would constitute
   27  violations of the aforesaid sections of the penal law, or  any  offenses
   28  committed  outside  this  state which would constitute violations of the
   29  aforesaid sections of the penal law.
   30    S 5. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become  a  law,  provided  that  the
   32  provisions  of  sections  one  and  two  of this act shall only apply to
   33  offenses committed on or after such effective date.