S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        145--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. DIAZ, AVELLA -- read twice and ordered printed, and
         when printed to be committed to the Committee on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the penal law, in relation to firearms
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding two new sections  265.50
    2  and 265.55 to read as follows:
    3  S 265.50 AGGRAVATED SALE OF A FIREARM.
    4    A  PERSON  IS  GUILTY OF AGGRAVATED SALE OF A FIREARM WHEN SUCH PERSON
    5  KNOWINGLY AND UNLAWFULLY  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES  OF  A
    6  FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN:
    7    1. USED IN THE COMMISSION OF A FELONY OFFENSE;
    8    2. STOLEN FROM ITS LAWFUL OWNER; OR
    9    3.  DEFACED  AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00 OF THIS
   10  ARTICLE.
   11    AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY.
   12  S 265.55 AGGRAVATED SALE OF A FIREARM TO A MINOR.
   13    A PERSON OVER THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED  SALE  OF  A
   14  FIREARM  TO  A  MINOR  WHEN  SUCH PERSON KNOWINGLY AND UNLAWFULLY SELLS,
   15  EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR WHO THE
   16  DEFENDANT BELIEVES TO BE LESS THAN EIGHTEEN YEARS OF AGE,  WHICH  HE  OR
   17  SHE KNOWS HAS BEEN:
   18    1. USED IN THE COMMISSION OF A FELONY OFFENSE;
   19    2. STOLEN FROM ITS LAWFUL OWNER; OR
   20    3.  DEFACED  AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00 OF THIS
   21  ARTICLE.
   22    AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY.
   23    S 2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
   24  penal  law,  as amended by chapter 1 of the laws of 2013, are amended to
   25  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01016-02-3
       S. 145--A                           2
    1    (b) Class C violent felony offenses: an attempt to commit any  of  the
    2  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    3  vated criminally negligent homicide as defined in section 125.11, aggra-
    4  vated manslaughter in the second degree as defined  in  section  125.21,
    5  aggravated  sexual  abuse  in  the  second  degree as defined in section
    6  130.67, assault on a peace officer, police officer, fireman or emergency
    7  medical services professional as defined in section 120.08, assault on a
    8  judge as defined in section 120.09, gang assault in the second degree as
    9  defined in section 120.06, strangulation in the first degree as  defined
   10  in  section  121.13, burglary in the second degree as defined in section
   11  140.25, robbery in the second degree as defined in section 160.10, crim-
   12  inal possession of a weapon in the second degree as defined  in  section
   13  265.03,  criminal  use  of  a firearm in the second degree as defined in
   14  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
   15  defined  in section 265.12, criminal sale of a firearm with the aid of a
   16  minor as defined in section 265.14, aggravated criminal possession of  a
   17  weapon  as  defined in section 265.19, AGGRAVATED SALE OF A FIREARM TO A
   18  MINOR AS DEFINED IN SECTION 265.55, soliciting or providing support  for
   19  an  act  of  terrorism in the first degree as defined in section 490.15,
   20  hindering prosecution of terrorism in the second degree  as  defined  in
   21  section  490.30, and criminal possession of a chemical weapon or biolog-
   22  ical weapon in the third degree as defined in section 490.37.
   23    (c) Class D violent felony offenses: an attempt to commit any  of  the
   24  class C felonies set forth in paragraph (b); reckless assault of a child
   25  as defined in section 120.02, assault in the second degree as defined in
   26  section 120.05, menacing a police officer or peace officer as defined in
   27  section  120.18, stalking in the first degree, as defined in subdivision
   28  one of section 120.60, strangulation in the second degree as defined  in
   29  section  121.12, rape in the second degree as defined in section 130.30,
   30  criminal sexual act in the second degree as defined in  section  130.45,
   31  sexual abuse in the first degree as defined in section 130.65, course of
   32  sexual  conduct  against  a  child  in  the  second degree as defined in
   33  section 130.80, aggravated sexual abuse in the third degree  as  defined
   34  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   35  substance as defined in section 130.90, criminal possession of a  weapon
   36  in  the  third degree as defined in subdivision five, six, seven, eight,
   37  nine or ten of section 265.02, criminal sale of a firearm in  the  third
   38  degree as defined in section 265.11, intimidating a victim or witness in
   39  the  second degree as defined in section 215.16, soliciting or providing
   40  support for an act of terrorism in  the  second  degree  as  defined  in
   41  section  490.10,  and  making a terroristic threat as defined in section
   42  490.20, falsely reporting an incident in the first degree as defined  in
   43  section 240.60, placing a false bomb or hazardous substance in the first
   44  degree  as  defined in section 240.62, placing a false bomb or hazardous
   45  substance in a sports stadium or arena, mass transportation facility  or
   46  enclosed  shopping mall as defined in section 240.63, AGGRAVATED SALE OF
   47  A FIREARM AS DESCRIBED IN SECTION 265.50, and aggravated unpermitted use
   48  of indoor pyrotechnics in the first degree as defined in section 405.18.
   49    S 3. This act shall take effect on the first of November next succeed-
   50  ing the date on which it shall have become  a  law,  provided,  however,
   51  that  if chapter 1 of the laws of 2013 shall not have taken effect on or
   52  before such date then section two of this act shall take effect  on  the
   53  same  date  and  in  the same manner as such chapter of the laws of 2013
   54  takes effect.