STATE OF NEW YORK
        ________________________________________________________________________

                                          4259

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. JENSEN -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the penal law, in relation to establishing the crime of
          criminal use of weapons; firing into a crowded space

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision 1 of section 70.02 of the
     2  penal law, as amended by chapter 189 of the laws of 2018, is amended  to
     3  read as follows:
     4    (a)  Class  B  violent felony offenses: an attempt to commit the class
     5  A-I felonies of murder in  the  second  degree  as  defined  in  section
     6  125.25, kidnapping in the first degree as defined in section 135.25, and
     7  arson  in the first degree as defined in section 150.20; manslaughter in
     8  the first degree as defined in section 125.20,  aggravated  manslaughter
     9  in  the  first  degree  as  defined in section 125.22, rape in the first
    10  degree as defined in section 130.35, criminal sexual act  in  the  first
    11  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    12  first degree as defined in section  130.70,  course  of  sexual  conduct
    13  against a child in the first degree as defined in section 130.75; crimi-
    14  nal  use  of  weapons; firing into a crowded space as defined in section
    15  265.34; assault in the  first  degree  as  defined  in  section  120.10,
    16  kidnapping  in  the second degree as defined in section 135.20, burglary
    17  in the first degree as defined in section 140.30, arson  in  the  second
    18  degree  as  defined  in  section  150.15, robbery in the first degree as
    19  defined in section 160.15, sex trafficking as defined in paragraphs  (a)
    20  and  (b)  of  subdivision  five  of section 230.34, sex trafficking of a
    21  child as defined in section 230.34-a, incest  in  the  first  degree  as
    22  defined  in section 255.27, criminal possession of a weapon in the first
    23  degree as defined in section 265.04, criminal use of a  firearm  in  the
    24  first degree as defined in section 265.09, criminal sale of a firearm in
    25  the first degree as defined in section 265.13, aggravated assault upon a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08649-01-1

        A. 4259                             2

     1  police  officer  or  a  peace officer as defined in section 120.11, gang
     2  assault in the first degree as defined in section 120.07, intimidating a
     3  victim or witness in the first degree  as  defined  in  section  215.17,
     4  hindering  prosecution  of  terrorism  in the first degree as defined in
     5  section 490.35, criminal possession of a chemical weapon  or  biological
     6  weapon  in  the second degree as defined in section 490.40, and criminal
     7  use of a chemical weapon or biological weapon in  the  third  degree  as
     8  defined in section 490.47.
     9    § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
    10  as  amended  by  chapter  765 of the laws of 2005, is amended to read as
    11  follows:
    12    (a) For a class B felony, the term must be at  least  five  years  and
    13  must not exceed twenty-five years, provided, however, that the term must
    14  be:    (i) at least ten years and must not exceed thirty years where the
    15  sentence is for the crime of aggravated assault upon a police officer or
    16  peace officer as defined in section 120.11 of this chapter;  [and]  (ii)
    17  at  least  ten years and must not exceed thirty years where the sentence
    18  is for the crime of aggravated  manslaughter  in  the  first  degree  as
    19  defined  in  section  125.22  of this chapter; and (iii) at least twenty
    20  years where the sentence is for the crime of criminal  use  of  weapons;
    21  firing  into  a crowded space as defined in section 265.34 of this chap-
    22  ter;
    23    § 3. The penal law is amended by adding a new section 265.34  to  read
    24  as follows:
    25  § 265.34 Criminal use of weapons; firing into a crowded space.
    26    A  person  is guilty of criminal use of weapons; firing into a crowded
    27  space when, being eighteen years old or  older,  with  intent  to  cause
    28  physical  injury  to  another  person,  he or she fires a firearm into a
    29  crowded space with the intent to harm or absent the intent to harm  when
    30  such  an  act creates a great risk of death to one or more people within
    31  the crowded space.
    32    (i) For the purposes of this paragraph, "crowded space" shall  mean  a
    33  space  consisting of three or more people within one general or specific
    34  area.
    35    (ii) For the purposes of  this  paragraph,  "great  risk"  shall  mean
    36  consisting  of  wanton or reckless behavior that evinces depraved indif-
    37  ference to human life within such crowded space.
    38    Criminal use of weapons; firing into a crowded  space  is  a  class  B
    39  felony.
    40    § 4. This act shall take effect on the first of November next succeed-
    41  ing the date on which it shall have become a law.