BILL NUMBER: S1304
SPONSOR: GALLIVAN
 
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:
This bill creates a specific offense for discharging firearms in crowded
spaces.
 
SUMMARY OF PROVISIONS:
Section 1. Amends the penal law adding a new charge for criminal use of
a weapon, firing into a crowded space, under those considered Class B
violent felony offenses.
Section 2. Amends the penal law to set a mandatory minimum of at least a
twenty-year sentence for firing into a crowded space.
Section 3. Adds penal law section 265.34 to create the crime of firing
into a crowded space, criminal use of weapons, as a class B felony.
Defines the term "crowded space" as a space consisting of three 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 establishes the effective date.
 
JUSTIFICATION:
Experience has shown mass shootings cause an elevated degree of terror
and grief to those who are directly affected by them and by the communi-
ty at large. Establishing a criminal penalty directed specifically at
such action, whether done with intent or recklessly, is necessary.
 
LEGISLATIVE HISTORY:
2023-24: S.5821/A.2929 Referred to Codes
2019-20: S.73/A.6055 Referred to Codes
2017-18: S.310/A.5271 Passed Senate/Referred to Codes
2016: S.6787 Passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of November after the date of
passage into law.