S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4689
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced  by  M. of A. CLARK, SIMOTAS, JAFFEE -- Multi-Sponsored by --
         M. of A. COOK, ENGLEBRIGHT, GOTTFRIED -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to  community  guns  and  the
         criminal sale of a firearm in the first and third degrees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 115.00 of the penal law, as amended by chapter  422
    2  of the laws of 1978, is amended to read as follows:
    3  S 115.00 Criminal facilitation in the fourth degree.
    4    A  person  is  guilty  of  criminal  facilitation in the fourth degree
    5  when[,]:
    6    1. believing it probable that he OR SHE is rendering aid:
    7    [1.] A. to a person who intends to commit a crime, he OR  SHE  engages
    8  in  conduct which provides such person with means or opportunity for the
    9  commission thereof and which in fact aids such person to commit a  felo-
   10  ny; or
   11    [2.]  B.  to a person under sixteen years of age who intends to engage
   12  in conduct which would constitute a crime, he OR SHE, being  over  eigh-
   13  teen  years  of  age, engages in conduct which provides such person with
   14  means or opportunity for the commission thereof and which in  fact  aids
   15  such person to commit a crime; OR
   16    2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
   17  POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
   18  DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
   19  AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A FELONY, INCLUD-
   20  ING,  BUT  NOT  LIMITED  TO,  A  FELONY SET FORTH IN ARTICLE TWO HUNDRED
   21  SIXTY-FIVE OF THIS PART; OR
   22    3. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
   23  PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
   24  AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08638-01-5
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    1  ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
    2  AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A  CRIME,  INCLUDING,
    3  BUT  NOT LIMITED TO, A CRIME SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
    4  OF THIS PART.
    5    Criminal facilitation in the fourth degree is a class A misdemeanor.
    6    S  2.  Section 115.01 of the penal law, as added by chapter 422 of the
    7  laws of 1978, is amended to read as follows:
    8  S 115.01 Criminal facilitation in the third degree.
    9    A person IS guilty of criminal facilitation in the third degree, when:
   10    1. believing it probable that he OR SHE is rendering aid to  a  person
   11  under  sixteen  years of age who intends to engage in conduct that would
   12  constitute a felony, he OR  SHE,  being  over  eighteen  years  of  age,
   13  engages  in conduct which provides such person with means or opportunity
   14  for the commission thereof and which in fact aids such person to  commit
   15  a felony; OR
   16    2.  HE  OR  SHE,  BEING  OVER EIGHTEEN YEARS OF AGE AND NOT AUTHORIZED
   17  PURSUANT TO NEW YORK STATE LAW  TO  POSSESS  A  FIREARM,  SHARES,  MAKES
   18  AVAILABLE,  SELLS,  EXCHANGES,  GIVES OR DISPOSES OF A COMMUNITY GUN, OR
   19  ASSISTS ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN  FACT
   20  AIDS  A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A FELONY, INCLUDING,
   21  BUT NOT LIMITED TO, A FELONY SET FORTH IN ARTICLE TWO HUNDRED SIXTY-FIVE
   22  OF THIS PART.
   23    Criminal facilitation in the third degree is a class E felony.
   24    S 3. Section 115.05 of the penal law, as amended by chapter 422 of the
   25  laws of 1978, is amended to read as follows:
   26  S 115.05 Criminal facilitation in the second degree.
   27    A person is guilty of  criminal  facilitation  in  the  second  degree
   28  when[,]:
   29    1.  believing  it probable that he OR SHE is rendering aid to a person
   30  who intends to commit a class A felony, he OR  SHE  engages  in  conduct
   31  which  provides such person with means or opportunity for the commission
   32  thereof and which in fact aids  such  person  to  commit  such  class  A
   33  felony; OR
   34    2.  HE  OR  SHE BEING NOT AUTHORIZED PURSUANT TO NEW YORK STATE LAW TO
   35  POSSESS A FIREARM SHARES, MAKES AVAILABLE, SELLS,  EXCHANGES,  GIVES  OR
   36  DISPOSES OF A COMMUNITY GUN, OR ASSISTS ANY PERSON IN ANY SUCH ACTIVITY,
   37  AND SUCH COMMUNITY GUN IN FACT AIDS A PERSON TO COMMIT A CLASS A FELONY.
   38    Criminal facilitation in the second degree is a class C felony.
   39    S  4.  Section 115.08 of the penal law, as added by chapter 422 of the
   40  laws of 1978, is amended to read as follows:
   41  S 115.08 Criminal facilitation in the first degree.
   42    A person is guilty  of  criminal  facilitation  in  the  first  degree
   43  when[,]:
   44    1.  believing  it probable that he OR SHE is rendering aid to a person
   45  under sixteen years of age who intends to engage in conduct  that  would
   46  constitute  a  class  A  felony, he OR SHE, being over eighteen years of
   47  age, engages in conduct which provides such person with means or  oppor-
   48  tunity  for the commission thereof and which in fact aids such person to
   49  commit such a class A felony; OR
   50    2. HE OR SHE, BEING OVER EIGHTEEN YEARS  OF  AGE  AND  NOT  AUTHORIZED
   51  PURSUANT  TO  NEW  YORK  STATE  LAW  TO POSSESS A FIREARM, SHARES, MAKES
   52  AVAILABLE, SELLS, EXCHANGES, GIVES OR DISPOSES OF A  COMMUNITY  GUN,  OR
   53  ASSISTS  ANY PERSON IN ANY SUCH ACTIVITY, AND SUCH COMMUNITY GUN IN FACT
   54  AIDS A PERSON UNDER SIXTEEN YEARS OF AGE TO COMMIT A CLASS A FELONY.
   55    Criminal facilitation in the first degree is a class B felony.
   56    S 5. Section 115.15 of the penal law is amended to read as follows:
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    1  S 115.15 Criminal facilitation; corroboration.
    2    A  person  shall  not  be  convicted of criminal facilitation upon the
    3  testimony of a person who has committed the felony charged to have  been
    4  facilitated unless such testimony be corroborated by such other evidence
    5  as  tends to connect the defendant with such facilitation; PROVIDED THAT
    6  THIS SECTION SHALL NOT APPLY TO A CONVICTION  OF  CRIMINAL  FACILITATION
    7  FOR  SHARING, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
    8  OF A COMMUNITY GUN, OR ASSISTING ANY PERSON IN SUCH ACTIVITY.
    9    S 6. Section 115.20 of the penal law, as added by  chapter  1  of  the
   10  laws of 2013, is amended to read as follows:
   11  S 115.20 Criminal facilitation; definitions and construction.
   12    [For  purposes of this article, such conduct shall include, but not be
   13  limited to, making available, selling, exchanging, giving  or  disposing
   14  of  a  community  gun,  which  in fact, aids a person to commit a crime.
   15  "Community gun" shall mean a  firearm  that  is  actually  shared,  made
   16  available, sold, exchanged, given or disposed of among or between two or
   17  more  persons, at least one of whom is not authorized pursuant to law to
   18  possess such firearm. "Dispose of" shall have the same meaning  as  that
   19  term  is  defined  in  section 265.00 of this chapter. "Share" and "make
   20  available" shall, in the case of a  firearm,  be  construed  to  include
   21  knowingly placing such firearm at a location accessible and known to one
   22  or more other persons.]
   23    AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
   24  MEANINGS:
   25    1. "COMMUNITY GUN" SHALL MEAN A FIREARM THAT IS  SHARED,  MADE  AVAIL-
   26  ABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR MORE
   27  PERSONS,  AT  LEAST  ONE  OF  WHOM  IS NOT AUTHORIZED PURSUANT TO LAW TO
   28  POSSESS A FIREARM.
   29    2. "DISPOSE OF" SHALL HAVE THE SAME MEANING  AS  PROVIDED  IN  SECTION
   30  265.00 OF THIS PART.
   31    3.  "SHARE"  AND  "MAKE AVAILABLE" SHALL, IN THE CASE OF A FIREARM, BE
   32  CONSTRUED TO INCLUDE, BUT SHALL NOT BE LIMITED TO, PLACING SUCH  FIREARM
   33  AT A LOCATION ACCESSIBLE AND KNOWN TO ONE OR MORE OTHER PERSONS.
   34    S 7. Section 265.00 of the penal law is amended by adding a new subdi-
   35  vision 26 to read as follows:
   36    26.  "COMMUNITY  GUN"  SHALL  HAVE THE DEFINITION SET FORTH IN SECTION
   37  115.20 OF THIS PART, AND THE TERMS "SHARE" AND "MAKE AVAILABLE" SHALL BE
   38  CONSTRUED AS SET FORTH IN SUCH SECTION.
   39    S 8. Section 265.11 of the penal law, as amended by chapter 764 of the
   40  laws of 2005, is amended to read as follows:
   41  S 265.11 Criminal sale of a firearm in the third degree.
   42    A person is guilty of criminal sale of a firearm in the  third  degree
   43  when  such person is not authorized pursuant to law to possess a firearm
   44  and such person unlawfully either:
   45    (1) sells, exchanges, gives or disposes of a firearm or large capacity
   46  ammunition feeding device to another person; [or]
   47    (2) possesses a firearm with the intent to sell it; OR
   48    (3) SHARE OR MAKES AVAILABLE A COMMUNITY GUN.
   49    Criminal sale of a firearm in the third degree is a class D felony.
   50    S 9. Section 265.13 of the penal law, as amended by chapter 764 of the
   51  laws of 2005, is amended to read as follows:
   52  S 265.13 Criminal sale of a firearm in the first degree.
   53    A person is guilty of criminal sale of a firearm in the  first  degree
   54  when such person:
   55    (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
   56  or more firearms; [or]
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    1    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
    2  person  or  persons  a  total of ten or more firearms in a period of not
    3  more than one year; OR
    4    (3)  BEING  NOT  AUTHORIZED BY NEW YORK STATE LAW TO POSSESS A FIREARM
    5  UNLAWFULLY SHARES, MAKES AVAILABLE, SELLS, EXCHANGES, GIVES, OR DISPOSES
    6  OF A FIREARM TO ANOTHER PERSON, AND, WITHIN THREE YEARS THEREAFTER,  THE
    7  FIREARM  IS  DISCHARGED  AND  CAUSES  THE DEATH OF ANOTHER PERSON.   THE
    8  PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY WHEN  SUCH  FIREARM  WAS
    9  DISCHARGED   INTENTIONALLY,  RECKLESSLY  OR  WITH  CRIMINAL  NEGLIGENCE,
   10  PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION SHALL  NOT  APPLY  WHEN
   11  SUCH  FIREARM  WAS  DISCHARGED  INTENTIONALLY FOR PURPOSES OF COMMITTING
   12  SUICIDE. FOR PURPOSES OF THIS  SUBDIVISION,  THE  TERM  "FIREARM"  SHALL
   13  INCLUDE BUT NOT BE LIMITED TO A COMMUNITY GUN.
   14    Criminal sale of a firearm in the first degree is a class B felony.
   15    S  10.  This  act  shall  take effect on the one hundred eightieth day
   16  after it shall have become a law.