Makes it a class B violent felony to fire a gun into a crowded space with the intent to harm or absent the intent to harm when such an act creates a great risk of death to one or more people within the crowded space; establishes the crime of criminal use of weapons; firing into a crowded space.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4259
SPONSOR: Jensen TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
criminal use of weapons; firing into a crowded space
PURPOSE OR GENERAL IDEA OF BILL:
To enact a specific penalty for persons who discharge firearms in crowd-
ed spaces.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the penal law by adding a new definition for a Class B
violent felony offense to include firing into a crowded space
Section 2. Amends section 70.02 of the penal law to include at least a
twenty-year sentence for firing into a crowded space
Section 3. Defines the term "crowded space" as a space consisting of
five or more people and the term "great risk" as consisting of wanton or
reckless behavior that evinces depraved indifference to human life with-
in such a crowded space
Section 4. Effective date
JUSTIFICATION:
As the recent mass shooting, occurring on February 7th 2016 in Rochester
NY, and where eight people were shot, painfully demonstrates, shootings
that take place within crowded spaces cause an elevated degree of terror
and grief. Given these increased psychological and social costs, it
becomes necessary to create specific felonies that address and deter
such reckless and highly destructive acts.
LEGISLATIVE HISTORY:
A.6055 of 2019/20
A.5271 of 2017/18
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:;
This act shall take effect on the first of November next succeeding the
date on which it shall become law.
STATE OF NEW YORK
________________________________________________________________________
4259
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
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 189 of the laws of 2018, 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, sex trafficking of a
21 child as defined in section 230.34-a, incest in the first degree as
22 defined in section 255.27, criminal possession of a weapon in the first
23 degree as defined in section 265.04, criminal use of a firearm in the
24 first degree as defined in section 265.09, criminal sale of a firearm in
25 the first degree as defined in section 265.13, aggravated assault upon a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08649-01-1
A. 4259 2
1 police officer or a peace officer as defined in section 120.11, gang
2 assault in the first degree as defined in section 120.07, intimidating a
3 victim or witness in the first degree as defined in section 215.17,
4 hindering prosecution of terrorism in the first degree as defined in
5 section 490.35, criminal possession of a chemical weapon or biological
6 weapon in the second degree as defined in section 490.40, and criminal
7 use of a chemical weapon or biological weapon in the third degree as
8 defined in section 490.47.
9 § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
10 as amended by chapter 765 of the laws of 2005, is amended to read as
11 follows:
12 (a) For a class B felony, the term must be at least five years and
13 must not exceed twenty-five years, provided, however, that the term must
14 be: (i) at least ten years and must not exceed thirty years where the
15 sentence is for the crime of aggravated assault upon a police officer or
16 peace officer as defined in section 120.11 of this chapter; [and] (ii)
17 at least ten years and must not exceed thirty years where the sentence
18 is for the crime of aggravated manslaughter in the first degree as
19 defined in section 125.22 of this chapter; and (iii) at least twenty
20 years where the sentence is for the crime of criminal use of weapons;
21 firing into a crowded space as defined in section 265.34 of this chap-
22 ter;
23 § 3. The penal law is amended by adding a new section 265.34 to read
24 as follows:
25 § 265.34 Criminal use of weapons; firing into a crowded space.
26 A person is guilty of criminal use of weapons; firing into a crowded
27 space when, being eighteen years old or older, with intent to cause
28 physical injury to another person, he or she fires a firearm into a
29 crowded space with the intent to harm or absent the intent to harm when
30 such an act creates a great risk of death to one or more people within
31 the crowded space.
32 (i) For the purposes of this paragraph, "crowded space" shall mean a
33 space consisting of three or more people within one general or specific
34 area.
35 (ii) For the purposes of this paragraph, "great risk" shall mean
36 consisting of wanton or reckless behavior that evinces depraved indif-
37 ference to human life within such crowded space.
38 Criminal use of weapons; firing into a crowded space is a class B
39 felony.
40 § 4. This act shall take effect on the first of November next succeed-
41 ing the date on which it shall have become a law.
