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History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the criminal facilitation of crimes involving firearms
In Assembly Committee · Codes · Sponsor David Weprin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4911
Title of bill
An act to amend the penal law, in relation to the criminal facilitation of crimes involving firearms
Summary of specific provisions
The bill adds Section 115.08 of the Penal law extends the defining circumstances of criminal facilitation guilt in the first degree to persons assisting, making available, facilitating and/or providing an opportunity for a principal actor to acquire an automatic weapon, shotgun, handgun or revolver, with which a Class A felony is performed by the principal actor.
Similarly, the bill adds a new subdivision to §20.00 of the Penal Law and assigns criminal liability to the facilitator the principal actor as if he/she were the principal actor.
Existing law
Neither Article 115 nor §20.00 provide a definition nor distinguish between an accomplice and an accessory. The terms appear to be used interchangeably. Currently, the difference between criminal facilitation and criminal liability is determined by the extent to which the contributor or facilitator participates in the crime. Under current New York State Law, a defendant cannot be charged with facilitating a misdemeanor.
Currently criminal facilitation 1 a class B felony only when facilitation is provided by an adult to a minor. Moreover the facilitator would have to know that the perpetrator, a minor, was being assisted in the execution of a crime.
Justification
The bill is precipitated by the recent shootings in Webster, New York where an individual allegedly facilitated the purchase of a semiautomatic weapon and shotgun for a convicted felon. Said weapon was used for a homicide and ultimately a suicide.
The enactment of these amendments to Article 115 and § 20 of the Penal Law serve as a disincentive for any individual to make available to another a weapon that may result in the commission of a felony to be equally culpable and accountable regardless of there not having been shared participation in the criminal act by the facilitator.
Effective date
First of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.