STATE OF NEW YORK
        ________________________________________________________________________
                                         5065--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2015
                                       ___________
        Introduced  by  M.  of  A.  SEPULVEDA, GUNTHER, CRESPO, BRINDISI, MAYER,
          GALEF, SKARTADOS, MOSLEY, COLTON, LUPINACCI, WALTER, MONTESANO,  RAIA,
          DiPIETRO,  SALADINO  --  Multi-Sponsored  by -- M. of A. COOK, CROUCH,
          DUPREY, GARBARINO, GRAF, MAGEE, McDONALD, MOYA, PERRY, RIVERA, SCHIMEL
          -- read once and referred to the Committee on Codes -- recommitted  to
          the  Committee  on Codes in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        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    § 2.  Paragraph (a) of subdivision 1 of section  70.02  of  the  penal
     4  law,  as  amended by chapter 368 of the laws of 2015, 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03951-03-6