Makes criminal facilitation of a crime by providing a weapon to a minor a class A felony and requires a consecutive sentence therefor

8 Co-sponsors

• David Koon
• William Scarborough
• Harvey Weisenberg
• Earlene Hooper
• Vanessa Gibson
• Nettie Mayersohn
• Matthew Titone
• Nelson Castro

13 Multi-sponsors

• Thomas Alfano
• William Boyland
• Vivian Cook
• Joseph Errigo
• Carl Heastie
• Janele Hyer-Spencer
• Margaret Markey
• David McDonough
• Thomas McKevitt
• Audrey Pheffer
• Annette Robinson
• Joseph Saladino
• Frank Skartados

BILL NUMBER:A9536

Title of bill

An act to amend the penal law, in relation to the crime of criminal facilitation by providing a weapon to a minor

Purpose or general idea of bill

To punish person(s) who facilitate a firearm for use by a minor in a crime.

Summary of specific provisions

Section 1. The penal law is amended by adding a new section 115.09. Section 115,09 - Criminal facilitation by providing a weapon to a minor. A person is guilty of criminal facili- tation by providing a weapon to a minor when, believing it is probable that he or she is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a crime, he or she, being over eighteen years of age, sells, exchanges, gives, disposes, or otherwise provides a weapon to that such person, and there- by provides such person with the means or opportunity for the commission of a crime and which in fact aids such person to commit a crime. Crimi- nal facilitation by providing a weapon to a minor is a class A felony.

Section 2. Section 70.25 of the penal law is amended by adding a new subdivision 2-h. Whenever a person is convicted of criminal facilitation by providing a weapon to minor as defined in section 115,09 of this chapter, the sentence imposed by the court for such offense may be ordered to run consecutively to any sentence imposed upon conviction of an offense arising for the same criminal transaction.

Justification

Often we read about criminal groups that recruit children as "assassins" believing that their punishment will be less severe. We also know that "capping" an unsuspecting victim is reportedly a gang initiation rite for a young recruit. This legislation would address these actions by punishing person(s) that provide a weapon to a minor under the age of sixteen for the purpose of committing a crime. Person(s) that attempt to circumvent the law by having minors commit crimes on their behalf should be punished according to the severity of the crime committed. Penalties for criminal facilitation by providing a weapon to a minor will be a class A felony and will run consecutively to any other sentence imposed upon conviction of an offense arising from the same criminal transaction.

Prior legislative history

New Bill

Fiscal implications

Undetermined

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.