BILL NUMBER: S9930
SPONSOR: GRIFFO
 
TITLE OF BILL:
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 crimi-
nal 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
 
PURPOSE:
To repeal portions of the state's "Raise the Age" law given the numerous
violent felonies being committed by youths across the state. The legis-
lation also aims to enhance penalties for violent felonies committed
with a firearm and penalties for those who knowingly p ush youth to
commit violent crimes. It also repeals previous regulations preventing
the release of mugshots of violent offenders.
 
SUMMARY OF PROVISIONS:
Section 1: Changes the classification of "criminal possession of a weap-
on in the fourth degree" from a Class A misdemeanor to a Class E felony.
Section 2: Upgrades "criminal possession of a weapon on school grounds"
from a Class E felony to a Class D felony.
Section 3: Reclassifies "criminal possession of a firearm" from a Class
E felony to a Class D felony.
Section 4: Increases "criminal possession of a weapon in the third
degree" to a Class C felony.
Section 5: Elevates "criminal possession of a weapon in the second
degree" to a Class B felony.
Section 6: Upgrades "criminal possession of a weapon in the first
degree" to a Class A-I felony.
Section 7: Reclassifies "criminal use of a firearm in the second degree"
as a Class B felony.
Section 8: Defines "criminal use of a firearm in the first degree" as a
Class A-I felony, outlining sentencing guidelines, including additional
consecutive sentences in specific cases.
Section 9: Changes "aggravated criminal possession of a weapon" to a
Class B felony.
Section 10: Updates the list of Class B violent felonies, adding crimes
related to weapon possession and criminal solicitation of min ors.
Section 11: Revises sentencing requirements for Class D violent felonies
involving firearms, aligning them with guidelines for higher penalties
set forth in previous sections.
Section 12: Adjusts sentencing for various violent felony classifica-
tions to include mandatory minimums and determinate sentences, em
phasizing longer prison terms for firearm-related felonies.
Section 13: Specifies sentencing ranges for Class C and D felonies
involving firearms and violent crimes, mandating minimum prison te rms.
Section 14: Repeals subparagraph (viii) of paragraph (b) of subdivision
2 of section 89 of the public officers' law regarding the rel ease of
mugshots of violent felons.
Section 15: Grants law enforcement the authority to release the names
and booking photos of youths charged with violent felonies invo lving
firearms.
Section 16: Allows detention of adolescent offenders charged with
firearm felonies if deemed a threat, based on criminal history, aff
iliations, and the nature of the offense.
Section 17: Amends criteria for transferring certain juvenile cases to
criminal court, particularly for cases involving firearm-related crimes
or when they attempted to cause physical injury to another individual.
Section 18: Mandates that schools be notified of juvenile adjudications
for violent felonies, detailing the conditions for accessing and manag-
ing this information for safety purposes.
Section 19: Outlines confidentiality provisions for records involving
youthful offenders but allows limited access for educational of ficials
to ensure school safety.
Section 20: Introduces a new offense, "criminal solicitation of a minor
in a violent felony," defining it as a Class B felony for adu lts solic-
iting minors to commit violent crimes.
Section 21: Sets the effective date.
 
JUSTIFICATION:
Following the passage of "Raise the Age" legislation in 2018, New York
State has seen a rise in violent felonies across the state com mitted by
youthful offenders. This legislation aims to address the issues caused
by Raise the Age, give more discretion to prosecutor s and law enforce-
ment, and raise penalties for the spread of illegal firearms and those
who take advantage of youth to commit violent crimes on their behalf.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9930: 265.01 penal law, 265.01-a penal law, 265.01-b penal law, 265.02 penal law, 265.03 penal law, 265.04 penal law, 265.08 penal law, 265.19 penal law, 70.02 penal law, 70.02(2) penal law, 89 public officers law, 89(2) public officers law, 720.15 criminal procedure law, 722.21 criminal procedure law