Establishes the crime of criminal use of weapons; firing into a crowded space

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

To enact a specific penalty for persons who discharge firearms in crowded 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 within 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

None

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.