STATE OF NEW YORK ________________________________________________________________________ 9930 IN SENATE October 11, 2024 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to penalties for certain crimes involving criminal possession of a weapon or firearm; to amend the criminal procedure law and the family court act, in relation to the release of information pertaining to youthful and adolescent offenders; to amend the penal law, in relation to establishing the crime of criminal solicitation of a minor in a violent felony; and to repeal certain provisions of the public officers law relating to disclosure of law enforcement arrest or booking photographs of an individual The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of section 265.01 of the penal law, 2 as amended by chapter 1 of the laws of 2013, is amended to read as 3 follows: 4 Criminal possession of a weapon in the fourth degree is a class [A 5 misdemeanor] E felony. 6 § 2. The second undesignated paragraph of section 265.01-a of the 7 penal law, as separately amended by chapters 138 and 354 of the laws of 8 2019, is amended to read as follows: 9 Criminal possession of a weapon on school grounds is a class [E] D 10 felony. 11 § 3. The closing paragraph of section 265.01-b of the penal law, as 12 added by chapter 1 of the laws of 2013, is amended to read as follows: 13 Criminal possession of a firearm is a class [E] D felony. 14 § 4. The closing paragraph of section 265.02 of the penal law, as 15 amended by chapter 764 of the laws of 2005, is amended to read as 16 follows: 17 Criminal possession of a weapon in the third degree is a class [D] C 18 felony. 19 § 5. The closing paragraph of section 265.03 of the penal law, as 20 amended by chapter 742 of the laws of 2006, is amended to read as 21 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16274-01-4
S. 9930 2 1 Criminal possession of a weapon in the second degree is a class [C] B 2 felony. 3 § 6. The closing paragraph of section 265.04 of the penal law, as 4 amended by chapter 764 of the laws of 2005, is amended to read as 5 follows: 6 Criminal possession of a weapon in the first degree is a class [B] A-I 7 felony. 8 § 7. The closing paragraph of section 265.08 of the penal law, as 9 added by chapter 233 of the laws of 1980, is amended to read as follows: 10 Criminal use of a firearm in the second degree is a class [C] B felo- 11 ny. 12 § 8. Section 265.09 of the penal law, as amended by chapter 650 of the 13 laws of 1996, and subdivision 2 as amended by chapter 1 of the laws of 14 2013, is amended to read as follows: 15 § 265.09 Criminal use of a firearm in the first degree. 16 (1) A person is guilty of criminal use of a firearm in the first 17 degree when [he] such person commits any class B violent felony offense 18 as defined in paragraph (a) of subdivision one of section 70.02 of this 19 chapter and [he] such person either: 20 (a) possesses a deadly weapon, if the weapon is a loaded weapon from 21 which a shot, readily capable of producing death or other serious injury 22 may be discharged; or 23 (b) displays what appears to be a pistol, revolver, rifle, shotgun, 24 machine gun or other firearm. 25 Criminal use of a firearm in the first degree is a class [B] A-I felo- 26 ny. 27 (2) Sentencing. Notwithstanding any other provision of law to the 28 contrary, when a person is convicted of criminal use of a firearm in the 29 first degree as defined in subdivision one of this section, the court 30 shall impose an additional consecutive sentence of five years to the 31 sentence imposed on the underlying class B violent felony offense where 32 the person convicted of such crime displays a loaded weapon from which a 33 shot, readily capable of producing death or other serious injury may be 34 discharged, in furtherance of the commission of such crime, provided, 35 however, that such additional sentence shall not be imposed if the 36 court, having regard to the nature and circumstances of the crime and to 37 the history and character of the defendant, finds on the record that 38 such additional consecutive sentence would be unduly harsh and that not 39 imposing such sentence would be consistent with the public safety and 40 would not deprecate the seriousness of the crime. Notwithstanding any 41 other provision of law to the contrary, the aggregate of the five year 42 consecutive term imposed pursuant to this subdivision and the minimum 43 term of the indeterminate sentence imposed on the underlying class B 44 violent felony shall constitute the new aggregate minimum term of impri- 45 sonment, and a person subject to such term shall be required to serve 46 the entire aggregate minimum term and shall not be eligible for release 47 on parole or conditional release during such term. This subdivision 48 shall not apply where the defendant's criminal liability for displaying 49 a loaded weapon from which a shot, readily capable of producing death or 50 other serious injury may be discharged, in furtherance of the commission 51 of crime is based on the conduct of another pursuant to section 20.00 of 52 this chapter. 53 § 9. The second undesignated paragraph of section 265.19 of the penal 54 law, as added by chapter 1 of the laws of 2013, is amended to read as 55 follows: 56 Aggravated criminal possession of a weapon is a class [C] B felony.
S. 9930 3 1 § 10. Paragraphs (a), (b), (c), and (d) of subdivision 1 of section 2 70.02 of the penal law, paragraphs (a) and (c) as amended by chapter 23 3 of the laws of 2024, paragraph (b) as amended by chapter 94 of the laws 4 of 2020, and paragraph (d) as amended by chapter 7 of the laws of 2007, 5 are amended to read as follows: 6 (a) Class B violent felony offenses: an attempt to commit the class 7 A-I felonies of murder in the second degree as defined in section 8 125.25, kidnapping in the first degree as defined in section 135.25, and 9 arson in the first degree as defined in section 150.20[;], manslaughter 10 in the first degree as defined in section 125.20, aggravated manslaught- 11 er in the first degree as defined in section 125.22, rape in the first 12 degree as defined in section 130.35, a crime formerly defined in section 13 130.50, aggravated sexual abuse in the first degree as defined in 14 section 130.70, course of sexual conduct against a child in the first 15 degree as defined in section 130.75, assault in the first degree as 16 defined in section 120.10, kidnapping in the second degree as defined in 17 section 135.20, burglary in the first degree as defined in section 18 140.30, arson in the second degree as defined in section 150.15, robbery 19 in the first degree as defined in section 160.15, sex trafficking as 20 defined in paragraphs (a) and (b) of subdivision five of section 230.34, 21 sex trafficking of a child as defined in section 230.34-a, incest in the 22 first degree as defined in section 255.27, [criminal possession of a 23 weapon in the first degree as defined in section 265.04, criminal use of 24 a firearm in the first degree as defined in section 265.09] criminal 25 possession of a weapon in the second degree as defined in section 26 265.03, criminal use of a firearm in the second degree as defined in 27 section 265.08, aggravated criminal possession of a weapon as defined in 28 section 265.19, criminal sale of a firearm in the first degree as 29 defined in section 265.13, aggravated assault upon a police officer or a 30 peace officer as defined in section 120.11, gang assault in the first 31 degree as defined in section 120.07, intimidating a victim or witness in 32 the first degree as defined in section 215.17, hindering prosecution of 33 terrorism in the first degree as defined in section 490.35, criminal 34 possession of a chemical weapon or biological weapon in the second 35 degree as defined in section 490.40, [and] criminal use of a chemical 36 weapon or biological weapon in the third degree as defined in section 37 490.47, and criminal solicitation of a minor in a violent felony as 38 defined in section 100.14. 39 (b) Class C violent felony offenses: an attempt to commit any of the 40 class B felonies set forth in paragraph (a) of this subdivision; aggra- 41 vated criminally negligent homicide as defined in section 125.11, aggra- 42 vated manslaughter in the second degree as defined in section 125.21, 43 aggravated sexual abuse in the second degree as defined in section 44 130.67, assault on a peace officer, police officer, firefighter or emer- 45 gency medical services professional as defined in section 120.08, 46 assault on a judge as defined in section 120.09, gang assault in the 47 second degree as defined in section 120.06, strangulation in the first 48 degree as defined in section 121.13, aggravated strangulation as defined 49 in section 121.13-a, burglary in the second degree as defined in section 50 140.25, robbery in the second degree as defined in section 160.10, 51 [criminal possession of a weapon in the second degree as defined in 52 section 265.03, criminal use of a firearm in the second degree as 53 defined in section 265.08] criminal possession of a weapon in the third 54 degree as defined in section 265.02, criminal sale of a firearm in the 55 second degree as defined in section 265.12, criminal sale of a firearm 56 with the aid of a minor as defined in section 265.14, [aggravated crimi-
S. 9930 4 1 nal possession of a weapon as defined in section 265.19,] soliciting or 2 providing support for an act of terrorism in the first degree as defined 3 in section 490.15, hindering prosecution of terrorism in the second 4 degree as defined in section 490.30, and criminal possession of a chemi- 5 cal weapon or biological weapon in the third degree as defined in 6 section 490.37. 7 (c) Class D violent felony offenses: an attempt to commit any of the 8 class C felonies set forth in paragraph (b); reckless assault of a child 9 as defined in section 120.02, assault in the second degree as defined in 10 section 120.05, menacing a police officer or peace officer as defined in 11 section 120.18, stalking in the first degree, as defined in subdivision 12 one of section 120.60, strangulation in the second degree as defined in 13 section 121.12, rape in the second degree as defined in section 130.30, 14 a crime formerly defined in section 130.45, sexual abuse in the first 15 degree as defined in section 130.65, course of sexual conduct against a 16 child in the second degree as defined in section 130.80, aggravated 17 sexual abuse in the third degree as defined in section 130.66, facili- 18 tating a sex offense with a controlled substance as defined in section 19 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi- 20 vision three of section 135.35, [criminal possession of a weapon in the 21 third degree as defined in subdivision five, six, seven, eight, nine or 22 ten of section 265.02,] criminal sale of a firearm in the third degree 23 as defined in section 265.11, intimidating a victim or witness in the 24 second degree as defined in section 215.16, soliciting or providing 25 support for an act of terrorism in the second degree as defined in 26 section 490.10, and making a terroristic threat as defined in section 27 490.20, falsely reporting an incident in the first degree as defined in 28 section 240.60, placing a false bomb or hazardous substance in the first 29 degree as defined in section 240.62, placing a false bomb or hazardous 30 substance in a sports stadium or arena, mass transportation facility or 31 enclosed shopping mall as defined in section 240.63, aggravated unper- 32 mitted use of indoor pyrotechnics in the first degree as defined in 33 section 405.18, and criminal manufacture, sale, or transport of an unde- 34 tectable firearm, rifle or shotgun as defined in section 265.50. 35 (d) Class E violent felony offenses: an attempt to commit any of the 36 felonies of [criminal possession of a weapon in the third degree as 37 defined in subdivision five, six, seven or eight of section 265.02 as a 38 lesser included offense of that section as defined in section 220.20 of 39 the criminal procedure law,] persistent sexual abuse as defined in 40 section 130.53, aggravated sexual abuse in the fourth degree as defined 41 in section 130.65-a, falsely reporting an incident in the second degree 42 as defined in section 240.55 and placing a false bomb or hazardous 43 substance in the second degree as defined in section 240.61. 44 § 11. Paragraph (b) of subdivision 2 of section 70.02 of the penal 45 law, as amended by section 122 of subpart B of part C of chapter 62 of 46 the laws of 2011, is amended to read as follows: 47 (b) Except as provided in paragraph (b-1) of this subdivision, subdi- 48 vision six of section 60.05 and subdivision four of this section, the 49 sentence imposed upon a person who stands convicted of a class D violent 50 felony offense, other than the offense of [criminal possession of a 51 weapon in the third degree as defined in subdivision five, seven or 52 eight of section 265.02 or] criminal sale of a firearm in the third 53 degree as defined in section 265.11, must be in accordance with the 54 applicable provisions of this chapter relating to sentencing for class D 55 felonies provided, however, that where a sentence of imprisonment is 56 imposed which requires a commitment to the state department of
S. 9930 5 1 corrections and community supervision, such sentence shall be a determi- 2 nate sentence in accordance with paragraph (c) of subdivision three of 3 this section. 4 § 12. The opening paragraph of paragraph (c) of subdivision 2 of 5 section 70.02 of the penal law, as amended by chapter 134 of the laws of 6 2019, is amended to read as follows: 7 Except as provided in subdivision six of section 60.05, the sentence 8 imposed upon a person who stands convicted of the class D violent felony 9 offenses of [criminal possession of a weapon in the third degree as 10 defined in subdivision five, seven, eight or nine of section 265.02,] 11 criminal sale of a firearm in the third degree as defined in section 12 265.11, the class E violent felonies of attempted criminal possession of 13 a weapon in the third degree as defined in subdivision five, seven, 14 eight or nine of section 265.02, or criminal manufacture, sale, or 15 transport of an undetectable firearm, rifle or shotgun as defined in 16 section 265.50 must be a sentence to a determinate period of imprison- 17 ment, or, in the alternative, a definite sentence of imprisonment for a 18 period of no less than one year, except that: 19 § 13. Paragraphs (b) and (c) of subdivision 3 of section 70.02 of the 20 penal law, as amended by chapter 1 of the laws of 2013, are amended to 21 read as follows: 22 (b) For a class C felony, the term must be at least three and one-half 23 years and must not exceed fifteen years, provided, however, that the 24 term must be: (i) at least seven years and must not exceed twenty years 25 where the sentence is for the crime of aggravated manslaughter in the 26 second degree as defined in section 125.21 of this chapter; (ii) at 27 least seven years and must not exceed twenty years where the sentence is 28 for the crime of attempted aggravated assault upon a police officer or 29 peace officer as defined in section 120.11 of this chapter; and (iii) at 30 least three and one-half years and must not exceed twenty years where 31 the sentence is for the crime of aggravated criminally negligent homi- 32 cide as defined in section 125.11 of this chapter[; and (iv) at least 33 five years and must not exceed fifteen years where the sentence is 34 imposed for the crime of aggravated criminal possession of a weapon as 35 defined in section 265.19 of this chapter]; 36 (c) For a class D felony, the term must be at least two years and must 37 not exceed seven years, provided, however, that the term must be[: (i)] 38 at least two years and must not exceed eight years where the sentence is 39 for the crime of menacing a police officer or peace officer as defined 40 in section 120.18 of this chapter[; and (ii) at least three and one-half 41 years and must not exceed seven years where the sentence is imposed for 42 the crime of criminal possession of a weapon in the third degree as 43 defined in subdivision ten of section 265.02 of this chapter]; 44 § 14. Subparagraph (viii) of paragraph (b) of subdivision 2 of section 45 89 of the public officers law is REPEALED. 46 § 15. Section 720.15 of the criminal procedure law is amended by 47 adding two new subdivisions 5 and 6 to read as follows: 48 5. Notwithstanding any other provision of law, where an eligible youth 49 is charged with a violent felony offense as defined in section 70.02 of 50 the penal law, the arresting agency shall be authorized to release to 51 the public identifying information including the name and booking photo- 52 graph of the youth. 53 6. Notwithstanding any other provision of law, where an eligible youth 54 is charged with an offense defined in article 265 of the penal law where 55 allegations involve the use, possession or sale of a firearm, the
S. 9930 6 1 arresting agency shall be authorized to release to the public identify- 2 ing information including the name and booking photograph of the youth. 3 § 16. Section 722.21 of the criminal procedure law is amended by 4 adding a new subdivision 1-a to read as follows: 5 1-a. Notwithstanding any other provision of law, when an adolescent 6 offender is arraigned on a felony complaint alleging a felony offense 7 involving the illegal use or possession of a firearm, rifle or shotgun, 8 the adolescent offender shall be detained pursuant to the provisions of 9 this article where the court finds that release of the adolescent offen- 10 der would pose a threat to the safety of the community or another 11 person. In making such determination, the court shall consider: 12 (a) the adolescent offender's history of involvement in the criminal 13 justice system or as a juvenile delinquent; 14 (b) whether the adolescent offender has any history of violent behav- 15 ior; 16 (c) whether the adolescent offender has any known affiliations with 17 street gangs or other organized crime groups; and 18 (d) the nature of the conduct alleged in the felony complaint. 19 § 17. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 2 of 20 section 722.23 of the criminal procedure law, as added by section 1-a of 21 part WWW of chapter 59 of the laws of 2017, are amended to read as 22 follows: 23 (i) the defendant caused [significant] or attempted to cause physical 24 injury to a person other than a participant in the offense; or 25 (ii) the defendant illegally used, possessed, sold or displayed a 26 firearm, shotgun, rifle or deadly weapon as defined in the penal law [in 27 furtherance of such offense]; or 28 § 18. Subdivision 3 of section 380.1 of the family court act, as 29 amended by chapter 181 of the laws of 2000, is amended to read as 30 follows: 31 3. Except where specifically required by statute, no person shall be 32 required to divulge information pertaining to the arrest of the respond- 33 ent or any subsequent proceeding under this article; provided, however, 34 whenever a person adjudicated a juvenile delinquent [has been placed 35 with the office of children and family services pursuant to section 36 353.3 of this article, and] is [thereafter] enrolled as a student in a 37 public or private elementary or secondary school, the court that has 38 adjudicated such person shall provide notification of such adjudication 39 and provide records related to such adjudication necessary to ascertain 40 the nature of the conduct leading to the adjudication, including but not 41 limited to delinquency petitions, orders of the family court pursuant to 42 sections 352.1 and 351.2 of this article, and probation reports, to the 43 designated educational official of the school in which such person is 44 enrolled as a student. Such notification shall be used by the designated 45 educational official only for purposes related to the execution of the 46 student's educational plan, where applicable, successful school adjust- 47 ment, developing a safety plan to ensure such student does not create a 48 risk for the community, and reentry into the community. Such notifica- 49 tion shall be kept separate and apart from such student's school records 50 and shall be accessible only by the designated educational official. 51 Such notification shall not be part of such student's permanent school 52 record and shall not be appended to or included in any documentation 53 regarding such student and shall be destroyed at such time as such 54 student is no longer enrolled in the school district. At no time shall 55 such notification be used for any purpose other than those specified in 56 this subdivision. An order by the family court to seal records pursuant
S. 9930 7 1 to section 375.2 of this article or to expunge records pursuant to 2 section 375.3 of this article shall not impact the obligation of the 3 family court to provide such notification and records. 4 § 19. Subdivisions 2 and 3 of section 720.35 of the criminal procedure 5 law, subdivision 2 as amended by section 87 of subpart B of part C of 6 chapter 62 of the laws of 2011 and subdivision 3 as added by chapter 181 7 of the laws of 2000, are amended to read as follows: 8 2. Except where specifically required or permitted by statute or upon 9 specific authorization of the court, all official records and papers, 10 whether on file with the court, a police agency or the division of crim- 11 inal justice services, relating to a case involving a youth who has been 12 adjudicated a youthful offender, are confidential and may not be made 13 available to any person or public or private agency, other than the 14 designated educational official of the public or private elementary or 15 secondary school in which the youth is enrolled as a student [provided 16 that such local educational official shall only have made available a 17 notice of such adjudication and shall not have access to any other offi- 18 cial records and papers], such youth or such youth's designated agent 19 (but only where the official records and papers sought are on file with 20 a court and request therefor is made to that court or to a clerk there- 21 of), law enforcement for the purpose of investigating and prosecuting 22 crimes subsequently committed by the youthful offender, an institution 23 to which such youth has been committed, the department of corrections 24 and community supervision and a probation department of this state that 25 requires such official records and papers for the purpose of carrying 26 out duties specifically authorized by law; provided, however, that 27 information regarding an order of protection or temporary order of 28 protection issued pursuant to section 530.12 of this chapter or a 29 warrant issued in connection therewith may be maintained on the state- 30 wide automated order of protection and warrant registry established 31 pursuant to section two hundred twenty-one-a of the executive law during 32 the period that such order of protection or temporary order of 33 protection is in full force and effect or during which such warrant may 34 be executed. Such confidential information may be made available pursu- 35 ant to law only for purposes of adjudicating or enforcing such order of 36 protection or temporary order of protection and, where provided to a 37 designated educational official, as defined in section 380.90 of this 38 chapter, for purposes related to the execution of the student's educa- 39 tional plan, where applicable, successful school adjustment, developing 40 a safety plan to ensure such student does not create a safety risk for 41 the community, and reentry into the community. Such notification shall 42 be kept separate and apart from such student's school records and shall 43 be accessible only by the designated educational official. Such notifi- 44 cation shall not be part of such student's permanent school record and 45 shall not be appended to or included in any documentation regarding such 46 student and shall be destroyed at such time as such student is no longer 47 enrolled in the school district. At no time shall such notification be 48 used for any purpose other than those specified in this subdivision. 49 3. If a youth who has been adjudicated a youthful offender is enrolled 50 as a student in a public or private elementary or secondary school the 51 court that has adjudicated the youth as a youthful offender shall 52 provide notification of such adjudication and provide records related to 53 such adjudication necessary to ascertain the nature of the conduct lead- 54 ing to the conviction and adjudication of the youth, including but not 55 limited to accusatory instruments, certificates of disposition, and 56 probation reports, to the designated educational official of the school
S. 9930 8 1 in which such youth is enrolled as a student. Such notification shall 2 be used by the designated educational official only for purposes related 3 to the execution of the student's educational plan, where applicable, 4 successful school adjustment, developing a safety plan to ensure such 5 student does not create a risk for the community, and reentry into the 6 community. Such notification shall be kept separate and apart from such 7 student's school records and shall be accessible only by the designated 8 educational official. Such notification shall not be part of such 9 student's permanent school record and shall not be appended to or 10 included in any documentation regarding such student and shall be 11 destroyed at such time as such student is no longer enrolled in the 12 school district. At no time shall such notification be used for any 13 purpose other than those specified in this subdivision. 14 § 20. The penal law is amended by adding a new section 100.14 to read 15 as follows: 16 § 100.14 Criminal solicitation of a minor in a violent felony. 17 A person is guilty of criminal solicitation of a minor in a violent 18 felony when, being over eighteen years of age, with intent that another 19 person under eighteen years of age engage in conduct that would consti- 20 tute a violent felony, as defined in section 70.02 of this chapter, such 21 person solicits, requests, commands, importunes or otherwise attempts to 22 cause such other person to engage in such conduct. 23 Criminal solicitation of a minor in a violent felony is a class B 24 felony. 25 § 21. This act shall take effect immediately.