S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2594
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2013
                                      ___________
       Introduced by M. of A. WEPRIN -- read once and referred 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
       A. 2594                             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.