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A06927 Summary:

BILL NOA06927
 
SAME ASNo Same As
 
SPONSORLentol
 
COSPNSR
 
MLTSPNSR
 
Amd 265.00, 265.02, 265.03, 265.04 & 265.12, Pen L
 
Raises the level of certain criminal possession and criminal sale of weapons crimes if they are committed on school grounds; defines "school grounds" as in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school; defines "area accessible to the public".
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A06927 Actions:

BILL NOA06927
 
03/27/2019referred to codes
01/08/2020referred to codes
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A06927 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6927
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 27, 2019
                                       ___________
 
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
 
        AN  ACT to amend the penal law, in relation to the commission of certain
          weapons offenses on school grounds
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 265.00 of the penal law is amended by adding a new
     2  subdivision 26 to read as follows:
     3    26. "School grounds" means (a) any area in, on or within any building,
     4  structure, athletic playing field, playground or land  contained  within
     5  the real property boundary line of a public or private elementary, paro-
     6  chial, intermediate, junior high, vocational, or high school, or (b) any
     7  area  accessible  to  the public located within one thousand feet of the
     8  real property boundary line comprising any such  school  or  any  parked
     9  automobile  or  other parked vehicle located within one thousand feet of
    10  the real property boundary line comprising  any  such  school.  For  the
    11  purposes  of  this section an "area accessible to the public" shall mean
    12  sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
    13  rants.
    14    § 2. Subdivisions 9 and 10 of section 265.02  of  the  penal  law,  as
    15  added  by  chapter 1 of the laws of 2013, are amended and a new subdivi-
    16  sion 11 is added to read as follows:
    17    (9) Such person possesses an unloaded firearm and also commits a  drug
    18  trafficking felony as defined in subdivision twenty-one of section 10.00
    19  of this chapter as part of the same criminal transaction; [or]
    20    (10)  Such  person  possesses an unloaded firearm and also commits any
    21  violent felony offense as defined in subdivision one of section 70.02 of
    22  this chapter as part of the same criminal transaction[.]; or
    23    (11) Such person commits the crime of criminal possession of a  weapon
    24  in  the  fourth  degree as defined in section 265.01 of this article and
    25  such crime takes place upon school grounds.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10375-01-9

        A. 6927                             2
 
     1    § 3. Section 265.03 of the penal law, as amended by chapter 742 of the
     2  laws of 2006, subdivisions 1 and 3 as amended by chapter 745 of the laws
     3  of 2006, is amended to read as follows:
     4  § 265.03 Criminal possession of a weapon in the second degree.
     5    A  person  is  guilty of criminal possession of a weapon in the second
     6  degree when:
     7    (1) with intent to use  the  same  unlawfully  against  another,  such
     8  person:
     9    (a) possesses a machine-gun; or
    10    (b) possesses a loaded firearm; or
    11    (c) possesses a disguised gun; or
    12    (d)  commits the crime of criminal possession of a weapon in the third
    13  degree as defined in subdivision one, two, three, five, six,  seven,  or
    14  eight  of  section  265.02 of this article and such crime takes place on
    15  school grounds; or
    16    (2) such person possesses five or more firearms; or
    17    (3) such person possesses any loaded firearm.  Such  possession  shall
    18  not, except as provided in subdivision one or seven of section 265.02 of
    19  this  article,  constitute  a  violation  of  this  subdivision  if such
    20  possession takes place in such person's home or place of business.
    21    Criminal possession of a weapon in the second  degree  is  a  class  C
    22  felony.
    23    § 4. Section 265.04 of the penal law, as amended by chapter 764 of the
    24  laws of 2005, is amended to read as follows:
    25  § 265.04 Criminal possession of a weapon in the first degree.
    26    A  person  is  guilty  of criminal possession of a weapon in the first
    27  degree when such person:
    28    (1) possesses any explosive substance with  intent  to  use  the  same
    29  unlawfully against the person or property of another; or
    30    (2) possesses ten or more firearms[.]; or
    31    (3) commits the crime of criminal possession of a weapon in the second
    32  degree  as  defined in subdivision one of section 265.03 of this article
    33  and such crime takes place on school grounds.
    34    Criminal possession of a weapon in the first degree is a class B felo-
    35  ny.
    36    § 5. Section 265.12 of the penal law, as amended by chapter 764 of the
    37  laws of 2005, is amended to read as follows:
    38  § 265.12 Criminal sale of a firearm in the second degree.
    39    A person is guilty of criminal sale of a firearm in the second  degree
    40  when such person:
    41    (1)  unlawfully sells, exchanges, gives or disposes of to another five
    42  or more firearms; or
    43    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
    44  person  or  persons  a total of five or more firearms in a period of not
    45  more than one year[.]; or
    46    (3) commits the crime of criminal sale  of  a  firearm  in  the  third
    47  degree  as  defined  in subdivision one or two of section 265.11 of this
    48  article and such crime takes place on school grounds.
    49    Criminal sale of a firearm in the second degree is a class C felony.
    50    § 6. This act shall take effect on the first of November next succeed-
    51  ing the date on which it shall have become a law.
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