STATE OF NEW YORK ________________________________________________________________________ 1527--A 2015-2016 Regular Sessions IN SENATE January 13, 2015 ___________ Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- 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 19 defined in section 150.15, robbery in the first degree as defined in 20 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 21 subdivision five of section 230.34, incest in the first degree as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03951-02-6