S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5065
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   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. CAMARA, COOK,
         CROUCH, DUPREY, GARBARINO, GRAF, MAGEE, McDONALD, MOYA, PERRY, RIVERA,
         SCARBOROUGH, SCHIMEL -- read once and referred  to  the  Committee  on
         Codes
       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    S 2.  Paragraph (a) of subdivision 1 of section  70.02  of  the  penal
    4  law,  as  amended by chapter 320 of the laws of 2006, 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, incest in the first degree as defined in section 255.27,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03951-01-5
       A. 5065                             2
    1  criminal  possession  of  a  weapon  in  the  first degree as defined in
    2  section 265.04, criminal use of a firearm in the first degree as defined
    3  in section 265.09, criminal sale of a firearm in  the  first  degree  as
    4  defined  in  section  265.13, AGGRAVATED ASSAULT UPON A PERSON LESS THAN
    5  TEN YEARS OLD AS DEFINED IN SECTION 120.12-A, aggravated assault upon  a
    6  police  officer  or  a  peace officer as defined in section 120.11, gang
    7  assault in the first degree as defined in section 120.07, intimidating a
    8  victim or witness in the first degree  as  defined  in  section  215.17,
    9  hindering  prosecution  of  terrorism  in the first degree as defined in
   10  section 490.35, criminal possession of a chemical weapon  or  biological
   11  weapon  in  the second degree as defined in section 490.40, and criminal
   12  use of a chemical weapon or biological weapon in  the  third  degree  as
   13  defined in section 490.47.
   14    S 3. The penal law is amended by adding a new section 120.12-a to read
   15  as follows:
   16  S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
   17    A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
   18  YEARS OLD WHEN, BEING EIGHTEEN YEARS OLD OR OLDER, WITH INTENT TO  CAUSE
   19  PHYSICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES SUCH INJURY TO A
   20  CHILD LESS THAN TEN YEARS OLD BY MEANS OF A DEADLY WEAPON  OR  DANGEROUS
   21  INSTRUMENT.
   22    AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B
   23  FELONY.
   24    S 4. Section 265.08 of the penal law, as added by chapter 233  of  the
   25  laws of 1980, is amended to read as follows:
   26  S 265.08 Criminal use of a firearm in the second degree.
   27    1.  A  person  is  guilty  of  criminal use of a firearm in the second
   28  degree when he OR SHE commits any class  C  violent  felony  offense  as
   29  defined  in  paragraph  (b)  of subdivision one of section 70.02 OF THIS
   30  CHAPTER, OR HE OR SHE COMMITS A SPECIFIED OFFENSE WHILE  KNOWING  HE  OR
   31  SHE  IS ON SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
   32  220.00 OF THIS TITLE, OR WITHIN TWO HUNDRED FIFTY FEET OF ANY PLAYGROUND
   33  OPERATED BY THE CITY OF NEW YORK OR ANY DEPARTMENT OR  PUBLIC  AUTHORITY
   34  THEREOF, and he OR SHE either:
   35    [(1)]  (A) possesses a deadly weapon, if the weapon is a loaded weapon
   36  from which a shot, readily capable of producing death or  other  serious
   37  injury may be discharged; or
   38    [(2)] (B) displays what appears to be a pistol, revolver, rifle, shot-
   39  gun, machine gun or other firearm.
   40    2.  FOR  THE  PURPOSES  OF  THIS  SECTION, A "SPECIFIED OFFENSE" IS AN
   41  OFFENSE DEFINED BY ANY OF THE  FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:
   42  SECTION  115.05  (CRIMINAL  FACILITATION  IN  THE SECOND DEGREE), 265.16
   43  (CRIMINAL SALE OF A FIREARM TO A MINOR), 100.13  (CRIMINAL  SOLICITATION
   44  IN  THE  FIRST  DEGREE),  155.40  (GRAND  LARCENY IN THE SECOND DEGREE),
   45  120.05 (ASSAULT IN THE  SECOND  DEGREE),  265.11  (CRIMINAL  SALE  OF  A
   46  FIREARM  IN THE THIRD DEGREE), 130.90 (FACILITATING A SEX OFFENSE WITH A
   47  CONTROLLED SUBSTANCE), 215.16 (INTIMIDATING A VICTIM OR WITNESS  IN  THE
   48  SECOND  DEGREE),  120.18  (MENACING  A POLICE OFFICER OR PEACE OFFICER),
   49  120.02 (RECKLESS ASSAULT OF A CHILD),  120.60  (STALKING  IN  THE  FIRST
   50  DEGREE),  121.12  (STRANGULATION  IN THE SECOND DEGREE), 130.30 (RAPE IN
   51  THE SECOND DEGREE), 130.45 (CRIMINAL SEXUAL ACT IN THE  SECOND  DEGREE),
   52  130.65  (SEXUAL  ABUSE  IN  THE  FIRST DEGREE), 130.80 (COURSE OF SEXUAL
   53  CONDUCT AGAINST A CHILD IN THE SECOND DEGREE), 130.66 (AGGRAVATED SEXUAL
   54  ABUSE IN THE THIRD DEGREE), 135.65 (COERCION  IN  THE  FIRST    DEGREE),
   55  265.17  (CRIMINAL  PURCHASE  OR  DISPOSAL OF A WEAPON), 120.25 (RECKLESS
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    1  ENDANGERMENT IN THE FIRST DEGREE), 160.05 (ROBBERY IN THE THIRD DEGREE),
    2  AND 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE).
    3    Criminal use of a firearm in the second degree is a class C felony.
    4    S 5. This act shall take effect on the first of November next succeed-
    5  ing the date upon which it shall have become a law.