Establishes the class B felony of aggravated assault upon a person less than ten years old and expands criminal use of a firearm in the second degree to include commission of certain felonies on school grounds

Specific provisions

Section 1: Enacts amendments to the Penal Law to establish and to be known as "Luisito's Law".

Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes that are to be considered to be a Class B violent felony a new crime of aggravated assault upon a person less than ten years old as such crime is to be established pursuant to new Penal Law section 120.12-a (bill section 3).

Section 3: Adds a new Penal Law section 120.12-a, relating to aggravated assault upon a person less than ten years old within Article 120 that covers assault and related offenses. This provision adds the new crime of aggravated assault upon a person that is less than ten years old, if the assailant is 18 years or older, and such person with the intent. to cause physical injury to another person, causes injury by means of a deadly weapon or dangerous instrument. Conviction of this crime would be a Class B felony.

Section 4: Amends Penal Law section 265.08, relating to criminal use of a firearm in the second degree, a class C felony, to add instances where a person commits a specified class C or D felony on school grounds or within two hundred fifty feet of a playground operated by the city of New York.

Justification

This new law will be named after Luis Oyola, Jr., a three year old boy who was struck by a stray bullet at a playground in the West Farms neighborhood of the Bronx.

Luis was shot on August 30, 2013, while in Vidalia Park with his family. Fortunately, his wound was not fatal, but other children have not been so lucky, and many more are being robbed of necessary outdoor recreation by rising crime rates in public playgrounds. Already in 2014, the Gun Hill Playground, in the North Bronx, has been plagued by multiple instances of gunfire and a nearby shooting death.

The enactment of Luisito's Law will change the current law by enacting a new crime to enhance the punishment of a person convicted of aggravated assault of a child under the age of 10 years old by means of a deadly weapon or dangerous instrument. Further, expanding the crime of criminal use of a firearm in the second degree will increase the punishment of individuals who commit their violent crimes on or near schools and playgrounds.

Each year too many children in this state become the victims of unnecessary violence in the places where they should feel safe to exercise and play. Like young Luis, these children are innocent victims who can face a lifetime of physical pain, suffering, and psychological damage because of the thoughtless acts of violent criminals. This bill will help make playgrounds and schoolyards safe places for families and children to congregate and create happy childhood memories.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

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