STATE OF NEW YORK
________________________________________________________________________
5271
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
___________
Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
criminal use of weapons; firing into a crowded space
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 70.02 of the
2 penal law, as amended by chapter 368 of the laws of 2015, is amended to
3 read as follows:
4 (a) Class B violent felony offenses: an attempt to commit the class
5 A-I felonies of murder in the second degree as defined in section
6 125.25, kidnapping in the first degree as defined in section 135.25, and
7 arson in the first degree as defined in section 150.20; manslaughter in
8 the first degree as defined in section 125.20, aggravated manslaughter
9 in the first degree as defined in section 125.22, rape in the first
10 degree as defined in section 130.35, criminal sexual act in the first
11 degree as defined in section 130.50, aggravated sexual abuse in the
12 first degree as defined in section 130.70, course of sexual conduct
13 against a child in the first degree as defined in section 130.75; crimi-
14 nal use of weapons; firing into a crowded space as defined in section
15 265.34; assault in the first degree as defined in section 120.10,
16 kidnapping in the second degree as defined in section 135.20, burglary
17 in the first degree as defined in section 140.30, arson in the second
18 degree as defined in section 150.15, robbery in the first degree as
19 defined in section 160.15, sex trafficking as defined in paragraphs (a)
20 and (b) of subdivision five of section 230.34, incest in the first
21 degree as defined in section 255.27, criminal possession of a weapon in
22 the first degree as defined in section 265.04, criminal use of a firearm
23 in the first degree as defined in section 265.09, criminal sale of a
24 firearm in the first degree as defined in section 265.13, aggravated
25 assault upon a police officer or a peace officer as defined in section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03039-01-7
A. 5271 2
1 120.11, gang assault in the first degree as defined in section 120.07,
2 intimidating a victim or witness in the first degree as defined in
3 section 215.17, hindering prosecution of terrorism in the first degree
4 as defined in section 490.35, criminal possession of a chemical weapon
5 or biological weapon in the second degree as defined in section 490.40,
6 and criminal use of a chemical weapon or biological weapon in the third
7 degree as defined in section 490.47.
8 § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
9 as amended by chapter 765 of the laws of 2005, is amended to read as
10 follows:
11 (a) For a class B felony, the term must be at least five years and
12 must not exceed twenty-five years, provided, however, that the term must
13 be: (i) at least ten years and must not exceed thirty years where the
14 sentence is for the crime of aggravated assault upon a police officer or
15 peace officer as defined in section 120.11 of this chapter; [and] (ii)
16 at least ten years and must not exceed thirty years where the sentence
17 is for the crime of aggravated manslaughter in the first degree as
18 defined in section 125.22 of this chapter; and (iii) at least twenty
19 years where the sentence is for the crime of criminal use of weapons;
20 firing into a crowded space as defined in section 265.34 of this chap-
21 ter;
22 § 3. The penal law is amended by adding a new section 265.34 to read
23 as follows:
24 § 265.34 Criminal use of weapons; firing into a crowded space.
25 A person is guilty of criminal use of weapons; firing into a crowded
26 space when, being eighteen years old or older, with intent to cause
27 physical injury to another person, he or she fires a firearm into a
28 crowded space with the intent to harm or absent the intent to harm when
29 such an act creates a great risk of death to one or more people within
30 the crowded space.
31 (i) For the purposes of this paragraph, "crowded space" shall mean a
32 space consisting of three or more people within one general or specific
33 area.
34 (ii) For the purposes of this paragraph, "great risk" shall mean
35 consisting of wanton or reckless behavior that evinces depraved indif-
36 ference to human life within such crowded space.
37 Criminal use of weapons; firing into a crowded space is a class B
38 felony.
39 § 4. This act shall take effect on the first of November next succeed-
40 ing the date on which it shall have become a law.