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