S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4911
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by  Sen.  ADAMS  -- 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 the criminal  facilitation
         of crimes involving firearms
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 115.08 of the penal law, as added by chapter 422 of
    2  the laws of 1978, is amended to read as follows:
    3  S 115.08 Criminal facilitation in the first degree.
    4    A person is guilty  of  criminal  facilitation  in  the  first  degree
    5  when[,]:
    6    1.  believing  it probable that he OR SHE is rendering aid to a person
    7  under sixteen years of age who intends to engage in conduct  that  would
    8  constitute  a  class  A  felony, he OR SHE, being over eighteen years of
    9  age, engages in conduct which provides such person with means or  oppor-
   10  tunity  for the commission thereof and which in fact aids such person to
   11  commit such a class A felony; OR
   12    2.  BY IMPLICATION OF THE ACT, SUCH PERSON ASSISTS,  MAKES  AVAILABLE,
   13  FACILITATES  AND/OR  PROVIDES  AN  OPPORTUNITY  FOR A PRINCIPAL ACTOR TO
   14  ACQUIRE AN AUTOMATIC WEAPON, SHOTGUN, HANDGUN OR REVOLVER, WITH WHICH  A
   15  CLASS A FELONY IS PERFORMED BY SUCH PRINCIPAL ACTOR.
   16    Criminal facilitation in the first degree is a class B felony.
   17    S  2.    The  opening  paragraph  of section 20.00 of the penal law is
   18  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
   19  follows:
   20    2.  A  PERSON WHO, BY IMPLICATION, KNOWINGLY SUSPECTS THAT A CRIME MAY
   21  BE COMMITTED IF THE   PERSON SOLICITS, REQUESTS,  COMMANDS,  IMPORTUNES,
   22  INTENTIONALLY  AIDS OR FACILITATES THE ACQUISITION OF AN AUTOMATIC WEAP-
   23  ON, SHOTGUN, HANDGUN OR REVOLVER WHICH IS THEN USED BY A PRINCIPAL ACTOR
   24  TO COMMIT A CLASS A FELONY, SHALL BE CRIMINALLY LIABLE FOR  THE  COMMIS-
   25  SION  OF  THE  OFFENSE,  AS IF THE PERSON WERE THE PRINCIPAL ACTOR. SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07343-01-3
       S. 4911                             2
    1  PERSON, BY AIDING AND ABETTING IN THE COMMISSION OF THE CRIME  SHALL  BE
    2  PROSECUTED EVEN IF THE PRINCIPAL ACTOR IS ACQUITTED.
    3    S 3. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.