STATE OF NEW YORK ________________________________________________________________________ 3479--A 2015-2016 Regular Sessions IN SENATE February 10, 2015 ___________ Introduced by Sen. LANZA -- 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, the general business law and the vehicle and traffic law, in relation to criminal use of a firearm; and to repeal sections 265.08 and 265.09 of the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of 2 the penal law, paragraph (a) as amended by chapter 368 of the laws of 3 2015 and paragraph (b) as amended by chapter 1 of the laws of 2013, are 4 amended to read as follows: 5 (a) Class B violent felony offenses: an attempt to commit the class 6 A-I felonies of murder in the second degree as defined in section 7 125.25, kidnapping in the first degree as defined in section 135.25, and 8 arson in the first degree as defined in section 150.20; manslaughter in 9 the first degree as defined in section 125.20, aggravated manslaughter 10 in the first degree as defined in section 125.22, rape in the first 11 degree as defined in section 130.35, criminal sexual act in the first 12 degree as defined in section 130.50, aggravated sexual abuse in the 13 first degree as defined in section 130.70, course of sexual conduct 14 against a child in the first degree as defined in section 130.75; 15 assault in the first degree as defined in section 120.10, kidnapping in 16 the second degree as defined in section 135.20, burglary in the first 17 degree as defined in section 140.30, arson in the second degree as 18 defined in section 150.15, robbery in the first degree as defined in 19 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 20 subdivision five of section 230.34, incest in the first degree as 21 defined in section 255.27, criminal possession of a weapon in the first EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01567-02-6