What's happening
This bill adds criminal facilitation felonies to the list of offenses that qualify as criminal acts under New York penal law.
Why it matters
Expands prosecutorial options for organized crime and conspiracy cases. by including criminal facilitation felonies in the list of qualifying acts, making it easier to charge individuals who help commit or plan serious crimes, even if they do not directly participate.
Aims to hold “enablers” more accountable. for example, someone who knowingly provides resources, information, or logistical support for a felony can now face more serious consequences under laws targeting criminal enterprises.
Could increase the number and scope of cases prosecuted as enterprise corruption or racketeering. , potentially leading to longer sentences and broader investigations, as more behaviors now fall under the definition of a “criminal act” for these statutes.
Might have ripple effects on plea bargaining and legal strategy. , as individuals charged with criminal facilitation could face heightened pressure to cooperate with law enforcement or accept plea deals due to the increased severity of charges.
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Who cares
Headline styles
Add Facilitation to Felonies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7284
IN SENATE
January 15, 2020
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to adding criminal facilitation felonies to the definition of criminal act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 134 of the laws of 2019, is amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 115.01, 115.05 and 115.08 relating to criminal facilitation; sections 120.05, 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relating to strangulation; sections 125.10 to 125.27 relating to homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to labor trafficking; section 135.65 relating to coercion; sections 140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 relating to criminal mischief; article one hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property; sections 165.72 and 165.73 relating to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to criminal usury; section 190.65 relating to schemes to defraud; any felony defined in article four hundred ninety-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13904-01-9
S. 7284 2
six; sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt; section 215.40 relating to tampering with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; sections 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relating to promoting prostitution; section 230.34 relating to sex trafficking; section 230.34-a relating to sex trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 and 263.15 relating to promoting a sexual performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weapons; sections 265.14 and 265.16 relating to criminal sale of a firearm; section 265.50 relating to the criminal manufacture, sale or transport of an undetectable firearm, rifle or shotgun; section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
§ 2. This act shall take effect immediately, provided, however, that if chapter 134 of the laws of 2019 shall not have taken effect on or before such date, then section one of this act shall take effect on the same date and in the same manner as chapter 134 of the laws of 2019, takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to adding criminal facili- tation felonies to the definition of criminal act
Purpose
This legislation would add criminal facilitation felonies to the list of specified offenses for enterprise corruption.
Summary of provisions
Section 1 amends paragraph (a) of subdivision 1 of section 46.10 of the penal law, as amended by chapter 134 of the laws of 2019, to include section 115.01, 115.05 and 115.08 of the penal law as specified offenses under the enterprise corruption statute.
Section 2 provides the effective date.
Justification
Those engaged in organized crimes and criminal enterprises employ a variety of tactics to further their criminal activities. One of those tactics is the facilitation of another person in the commission of a crime. Criminal facilitation includes making available, selling, exchanging a community gun (Penal Law 115.20). Community guns are often hidden about a neighborhood and shared by a small group of people who use them when needed. According to the New York Times, the number of these guns in our communities appears to be rising. Background checks, age requirements and mandatory waiting periods for gun purchases have went a long way in preventing further gun violence in our state, but community guns allow wrong-doers to evade the many protections that have been put in place to curb this very violence. By including criminal facilitation as an enumerated offense for purposes of criminal enter- prises, we can ensure that those who are endangering our neighborhoods by leaving community guns around where they can be found by a child, or utilized by a person who would otherwise not be allowed to legally purchase a gun, we can ensure that appropriate sentencing options are available to judges. We can also deter the use of, or supply of, a community gun if the penalties associated with the use of these guns are shared by the supplier.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately, provided, however, that if chap- ter 134 of the laws of 2019 shall not have taken effect on or before such date, then section one of this act shall take effect on the same date and in the same manner as chapter 134 of the laws of 2019, takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.