S 7076: Increases certain penalties for certain crimes relating to criminal possession of a weapon or firearm; relates to the release of information to the public, schools or law enforcement pertaining to youthful and adolescent offenders; establishes the crime of criminal solicitation of a minor in a violent felony; repeals certain provisions relating to disclosure of law enforcement arrest or booking photographs of an individual.

  
  STATE OF NEW YORK ________________________________________________________________________ 7076 2025-2026 Regular Sessions  IN SENATE April 1, 2025 ___________ Introduced by Sen. GRIFFO -- 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 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11416-01-5 
 S. 7076 2 1 § 5. The closing paragraph of section 265.03 of the penal law, as 2 amended by chapter 742 of the laws of 2006, is amended to read as 3 follows: 4 Criminal possession of a weapon in the second degree is a class [C] B 5 felony. 6 § 6. The closing paragraph of section 265.04 of the penal law, as 7 amended by chapter 764 of the laws of 2005, is amended to read as 8 follows: 9 Criminal possession of a weapon in the first degree is a class [B] A-I 10 felony. 11 § 7. The closing paragraph of section 265.08 of the penal law, as 12 added by chapter 233 of the laws of 1980, is amended to read as follows: 13 Criminal use of a firearm in the second degree is a class [C] B felo- 14 ny. 15 § 8. Section 265.09 of the penal law, as amended by chapter 650 of the 16 laws of 1996, and subdivision 2 as amended by chapter 1 of the laws of 17 2013, is amended to read as follows: 18 § 265.09 Criminal use of a firearm in the first degree. 19 (1) A person is guilty of criminal use of a firearm in the first 20 degree when [he] such person commits any class B violent felony offense 21 as defined in paragraph (a) of subdivision one of section 70.02 of this 22 chapter and [he] such person either: 23 (a) possesses a deadly weapon, if the weapon is a loaded weapon from 24 which a shot, readily capable of producing death or other serious injury 25 may be discharged; or 26 (b) displays what appears to be a pistol, revolver, rifle, shotgun, 27 machine gun or other firearm. 28 Criminal use of a firearm in the first degree is a class [B] A-I felo- 29 ny. 30 (2) Sentencing. Notwithstanding any other provision of law to the 31 contrary, when a person is convicted of criminal use of a firearm in the 32 first degree as defined in subdivision one of this section, the court 33 shall impose an additional consecutive sentence of five years to the 34 sentence imposed on the underlying class B violent felony offense where 35 the person convicted of such crime displays a loaded weapon from which a 36 shot, readily capable of producing death or other serious injury may be 37 discharged, in furtherance of the commission of such crime, provided, 38 however, that such additional sentence shall not be imposed if the 39 court, having regard to the nature and circumstances of the crime and to 40 the history and character of the defendant, finds on the record that 41 such additional consecutive sentence would be unduly harsh and that not 42 imposing such sentence would be consistent with the public safety and 43 would not deprecate the seriousness of the crime. Notwithstanding any 44 other provision of law to the contrary, the aggregate of the five year 45 consecutive term imposed pursuant to this subdivision and the minimum 46 term of the indeterminate sentence imposed on the underlying class B 47 violent felony shall constitute the new aggregate minimum term of impri- 48 sonment, and a person subject to such term shall be required to serve 49 the entire aggregate minimum term and shall not be eligible for release 50 on parole or conditional release during such term. This subdivision 51 shall not apply where the defendant's criminal liability for displaying 52 a loaded weapon from which a shot, readily capable of producing death or 53 other serious injury may be discharged, in furtherance of the commission 54 of crime is based on the conduct of another pursuant to section 20.00 of 55 this chapter. 
 S. 7076 3 1 § 9. The second undesignated paragraph of section 265.19 of the penal 2 law, as added by chapter 1 of the laws of 2013, is amended to read as 3 follows: 4 Aggravated criminal possession of a weapon is a class [C] B felony. 5 § 10. Paragraphs (a), (b), (c), and (d) of subdivision 1 of section 6 70.02 of the penal law, paragraphs (a) and (c) as amended by chapter 23 7 of the laws of 2024, paragraph (b) as amended by chapter 94 of the laws 8 of 2020, and paragraph (d) as amended by chapter 7 of the laws of 2007, 9 are amended to read as follows: 10 (a) Class B violent felony offenses: an attempt to commit the class 11 A-I felonies of murder in the second degree as defined in section 12 125.25, kidnapping in the first degree as defined in section 135.25, and 13 arson in the first degree as defined in section 150.20[;], manslaughter 14 in the first degree as defined in section 125.20, aggravated manslaught- 15 er in the first degree as defined in section 125.22, rape in the first 16 degree as defined in section 130.35, a crime formerly defined in section 17 130.50, aggravated sexual abuse in the first degree as defined in 18 section 130.70, course of sexual conduct against a child in the first 19 degree as defined in section 130.75, assault in the first degree as 20 defined in section 120.10, kidnapping in the second degree as defined in 21 section 135.20, burglary in the first degree as defined in section 22 140.30, arson in the second degree as defined in section 150.15, robbery 23 in the first degree as defined in section 160.15, sex trafficking as 24 defined in paragraphs (a) and (b) of subdivision five of section 230.34, 25 sex trafficking of a child as defined in section 230.34-a, incest in the 26 first degree as defined in section 255.27, [criminal possession of a 27 weapon in the first degree as defined in section 265.04, criminal use of 28 a firearm in the first degree as defined in section 265.09] criminal 29 possession of a weapon in the second degree as defined in section 30 265.03, criminal use of a firearm in the second degree as defined in 31 section 265.08, aggravated criminal possession of a weapon as defined in 32 section 265.19, criminal sale of a firearm in the first degree as 33 defined in section 265.13, aggravated assault upon a police officer or a 34 peace officer as defined in section 120.11, gang assault in the first 35 degree as defined in section 120.07, intimidating a victim or witness in 36 the first degree as defined in section 215.17, hindering prosecution of 37 terrorism in the first degree as defined in section 490.35, criminal 38 possession of a chemical weapon or biological weapon in the second 39 degree as defined in section 490.40, [and] criminal use of a chemical 40 weapon or biological weapon in the third degree as defined in section 41 490.47, and criminal solicitation of a minor in a violent felony as 42 defined in section 100.14. 43 (b) Class C violent felony offenses: an attempt to commit any of the 44 class B felonies set forth in paragraph (a) of this subdivision; aggra- 45 vated criminally negligent homicide as defined in section 125.11, aggra- 46 vated manslaughter in the second degree as defined in section 125.21, 47 aggravated sexual abuse in the second degree as defined in section 48 130.67, assault on a peace officer, police officer, firefighter or emer- 49 gency medical services professional as defined in section 120.08, 50 assault on a judge as defined in section 120.09, gang assault in the 51 second degree as defined in section 120.06, strangulation in the first 52 degree as defined in section 121.13, aggravated strangulation as defined 53 in section 121.13-a, burglary in the second degree as defined in section 54 140.25, robbery in the second degree as defined in section 160.10, 55 [criminal possession of a weapon in the second degree as defined in 56 section 265.03, criminal use of a firearm in the second degree as 
 S. 7076 4 1 defined in section 265.08] criminal possession of a weapon in the third 2 degree as defined in section 265.02, criminal sale of a firearm in the 3 second degree as defined in section 265.12, criminal sale of a firearm 4 with the aid of a minor as defined in section 265.14, [aggravated crimi- 5 nal possession of a weapon as defined in section 265.19,] soliciting or 6 providing support for an act of terrorism in the first degree as defined 7 in section 490.15, hindering prosecution of terrorism in the second 8 degree as defined in section 490.30, and criminal possession of a chemi- 9 cal weapon or biological weapon in the third degree as defined in 10 section 490.37. 11 (c) Class D violent felony offenses: an attempt to commit any of the 12 class C felonies set forth in paragraph (b); reckless assault of a child 13 as defined in section 120.02, assault in the second degree as defined in 14 section 120.05, menacing a police officer or peace officer as defined in 15 section 120.18, stalking in the first degree, as defined in subdivision 16 one of section 120.60, strangulation in the second degree as defined in 17 section 121.12, rape in the second degree as defined in section 130.30, 18 a crime formerly defined in section 130.45, sexual abuse in the first 19 degree as defined in section 130.65, course of sexual conduct against a 20 child in the second degree as defined in section 130.80, aggravated 21 sexual abuse in the third degree as defined in section 130.66, facili- 22 tating a sex offense with a controlled substance as defined in section 23 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi- 24 vision three of section 135.35, [criminal possession of a weapon in the 25 third degree as defined in subdivision five, six, seven, eight, nine or 26 ten of section 265.02,] criminal sale of a firearm in the third degree 27 as defined in section 265.11, intimidating a victim or witness in the 28 second degree as defined in section 215.16, soliciting or providing 29 support for an act of terrorism in the second degree as defined in 30 section 490.10, and making a terroristic threat as defined in section 31 490.20, falsely reporting an incident in the first degree as defined in 32 section 240.60, placing a false bomb or hazardous substance in the first 33 degree as defined in section 240.62, placing a false bomb or hazardous 34 substance in a sports stadium or arena, mass transportation facility or 35 enclosed shopping mall as defined in section 240.63, aggravated unper- 36 mitted use of indoor pyrotechnics in the first degree as defined in 37 section 405.18, and criminal manufacture, sale, or transport of an unde- 38 tectable firearm, rifle or shotgun as defined in section 265.50. 39 (d) Class E violent felony offenses: an attempt to commit any of the 40 felonies of [criminal possession of a weapon in the third degree as 41 defined in subdivision five, six, seven or eight of section 265.02 as a 42 lesser included offense of that section as defined in section 220.20 of 43 the criminal procedure law,] persistent sexual abuse as defined in 44 section 130.53, aggravated sexual abuse in the fourth degree as defined 45 in section 130.65-a, falsely reporting an incident in the second degree 46 as defined in section 240.55 and placing a false bomb or hazardous 47 substance in the second degree as defined in section 240.61. 48 § 11. Paragraph (b) of subdivision 2 of section 70.02 of the penal 49 law, as amended by section 122 of subpart B of part C of chapter 62 of 50 the laws of 2011, is amended to read as follows: 51 (b) Except as provided in paragraph (b-1) of this subdivision, subdi- 52 vision six of section 60.05 and subdivision four of this section, the 53 sentence imposed upon a person who stands convicted of a class D violent 54 felony offense, other than the offense of [criminal possession of a 55 weapon in the third degree as defined in subdivision five, seven or 56 eight of section 265.02 or] criminal sale of a firearm in the third 
 S. 7076 5 1 degree as defined in section 265.11, must be in accordance with the 2 applicable provisions of this chapter relating to sentencing for class D 3 felonies provided, however, that where a sentence of imprisonment is 4 imposed which requires a commitment to the state department of 5 corrections and community supervision, such sentence shall be a determi- 6 nate sentence in accordance with paragraph (c) of subdivision three of 7 this section. 8 § 12. The opening paragraph of paragraph (c) of subdivision 2 of 9 section 70.02 of the penal law, as amended by chapter 134 of the laws of 10 2019, is amended to read as follows: 11 Except as provided in subdivision six of section 60.05, the sentence 12 imposed upon a person who stands convicted of the class D violent felony 13 offenses of [criminal possession of a weapon in the third degree as 14 defined in subdivision five, seven, eight or nine of section 265.02,] 15 criminal sale of a firearm in the third degree as defined in section 16 265.11, the class E violent [felonies of attempted criminal possession 17 of a weapon in the third degree as defined in subdivision five, seven, 18 eight or nine of section 265.02, or] felony offense of criminal manufac- 19 ture, sale, or transport of an undetectable firearm, rifle or shotgun as 20 defined in section 265.50 must be a sentence to a determinate period of 21 imprisonment, or, in the alternative, a definite sentence of imprison- 22 ment for a period of no less than one year, except that: 23 § 13. Paragraphs (b) and (c) of subdivision 3 of section 70.02 of the 24 penal law, as amended by chapter 1 of the laws of 2013, are amended to 25 read as follows: 26 (b) For a class C felony, the term must be at least three and one-half 27 years and must not exceed fifteen years, provided, however, that the 28 term must be: (i) at least seven years and must not exceed twenty years 29 where the sentence is for the crime of aggravated manslaughter in the 30 second degree as defined in section 125.21 of this chapter; (ii) at 31 least seven years and must not exceed twenty years where the sentence is 32 for the crime of attempted aggravated assault upon a police officer or 33 peace officer as defined in section 120.11 of this chapter; and (iii) at 34 least three and one-half years and must not exceed twenty years where 35 the sentence is for the crime of aggravated criminally negligent homi- 36 cide as defined in section 125.11 of this chapter[; and (iv) at least 37 five years and must not exceed fifteen years where the sentence is 38 imposed for the crime of aggravated criminal possession of a weapon as 39 defined in section 265.19 of this chapter]; 40 (c) For a class D felony, the term must be at least two years and must 41 not exceed seven years, provided, however, that the term must be[: (i)] 42 at least two years and must not exceed eight years where the sentence is 43 for the crime of menacing a police officer or peace officer as defined 44 in section 120.18 of this chapter[; and (ii) at least three and one-half 45 years and must not exceed seven years where the sentence is imposed for 46 the crime of criminal possession of a weapon in the third degree as 47 defined in subdivision ten of section 265.02 of this chapter]; 48 § 14. Subparagraph viii of paragraph (b) of subdivision 2 of section 49 89 of the public officers law is REPEALED. 50 § 15. Section 720.15 of the criminal procedure law is amended by 51 adding two new subdivisions 5 and 6 to read as follows: 52 5. Notwithstanding any other provision of law, where an eligible youth 53 is charged with a violent felony offense as defined in section 70.02 of 54 the penal law, the arresting agency shall be authorized to release to 55 the public identifying information including the name and booking photo- 56 graph of the youth. 
 S. 7076 6 1 6. Notwithstanding any other provision of law, where an eligible youth 2 is charged with an offense defined in article two hundred sixty-five of 3 the penal law where allegations involve the use, possession or sale of a 4 firearm, the arresting agency shall be authorized to release to the 5 public identifying information including the name and booking photograph 6 of the youth. 7 § 16. Section 722.21 of the criminal procedure law is amended by 8 adding a new subdivision 1-a to read as follows: 9 1-a. Notwithstanding any other provision of law, when an adolescent 10 offender is arraigned on a felony complaint alleging a felony offense 11 involving the illegal use or possession of a firearm, rifle or shotgun, 12 the adolescent offender shall be detained pursuant to the provisions of 13 this article where the court finds that release of the adolescent offen- 14 der would pose a threat to the safety of the community or another 15 person. In making such determination, the court shall consider: 16 (a) the adolescent offender's history of involvement in the criminal 17 justice system or as a juvenile delinquent; 18 (b) whether the adolescent offender has any history of violent behav- 19 ior; 20 (c) whether the adolescent offender has any known affiliations with 21 street gangs or other organized crime groups; and 22 (d) the nature of the conduct alleged in the felony complaint. 23 § 17. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 2 of 24 section 722.23 of the criminal procedure law, as added by section 1-a of 25 part WWW of chapter 59 of the laws of 2017, are amended to read as 26 follows: 27 (i) the defendant caused [significant] or attempted to cause physical 28 injury to a person other than a participant in the offense; or 29 (ii) the defendant illegally used, possessed, sold or displayed a 30 firearm, shotgun, rifle or deadly weapon as defined in the penal law [in 31 furtherance of such offense]; or 32 § 18. Subdivision 3 of section 380.1 of the family court act, as 33 amended by chapter 181 of the laws of 2000, is amended to read as 34 follows: 35 3. Except where specifically required by statute, no person shall be 36 required to divulge information pertaining to the arrest of the respond- 37 ent or any subsequent proceeding under this article; provided, however, 38 whenever a person adjudicated a juvenile delinquent [has been placed 39 with the office of children and family services pursuant to section 40 353.3 of this article, and] is [thereafter] enrolled as a student in a 41 public or private elementary or secondary school, the court that has 42 adjudicated such person shall provide notification of such adjudication 43 and provide records related to such adjudication necessary to ascertain 44 the nature of the conduct leading to the adjudication, including but not 45 limited to delinquency petitions, orders of the family court pursuant to 46 sections 352.1 and 352.2 of this article, and probation reports, to the 47 designated educational official of the school in which such person is 48 enrolled as a student. Such notification shall be used by the designated 49 educational official only for purposes related to the execution of the 50 student's educational plan, where applicable, successful school adjust- 51 ment, developing a safety plan to ensure such student does not create a 52 risk for the community, and reentry into the community. Such notifica- 53 tion shall be kept separate and apart from such student's school records 54 and shall be accessible only by the designated educational official. 55 Such notification shall not be part of such student's permanent school 56 record and shall not be appended to or included in any documentation 
 S. 7076 7 1 regarding such student and shall be destroyed at such time as such 2 student is no longer enrolled in the school district. At no time shall 3 such notification be used for any purpose other than those specified in 4 this subdivision. An order by the family court to seal records pursuant 5 to section 375.2 of this article or to expunge records pursuant to 6 section 375.3 of this article shall not impact the obligation of the 7 family court to provide such notification and records. 8 § 19. Subdivisions 2 and 3 of section 720.35 of the criminal procedure 9 law, subdivision 2 as amended by section 87 of subpart B of part C of 10 chapter 62 of the laws of 2011 and subdivision 3 as added by chapter 181 11 of the laws of 2000, are amended to read as follows: 12 2. Except where specifically required or permitted by statute or upon 13 specific authorization of the court, all official records and papers, 14 whether on file with the court, a police agency or the division of crim- 15 inal justice services, relating to a case involving a youth who has been 16 adjudicated a youthful offender, are confidential and may not be made 17 available to any person or public or private agency, other than the 18 designated educational official of the public or private elementary or 19 secondary school in which the youth is enrolled as a student [provided 20 that such local educational official shall only have made available a 21 notice of such adjudication and shall not have access to any other offi- 22 cial records and papers], such youth or such youth's designated agent 23 (but only where the official records and papers sought are on file with 24 a court and request therefor is made to that court or to a clerk there- 25 of), law enforcement for the purpose of investigating and prosecuting 26 crimes subsequently committed by the youthful offender, an institution 27 to which such youth has been committed, the department of corrections 28 and community supervision and a probation department of this state that 29 requires such official records and papers for the purpose of carrying 30 out duties specifically authorized by law; provided, however, that 31 information regarding an order of protection or temporary order of 32 protection issued pursuant to section 530.12 of this chapter or a 33 warrant issued in connection therewith may be maintained on the state- 34 wide automated order of protection and warrant registry established 35 pursuant to section two hundred twenty-one-a of the executive law during 36 the period that such order of protection or temporary order of 37 protection is in full force and effect or during which such warrant may 38 be executed. Such confidential information may be made available pursu- 39 ant to law only for purposes of adjudicating or enforcing such order of 40 protection or temporary order of protection and, where provided to a 41 designated educational official, as defined in section 380.90 of this 42 chapter, for purposes related to the execution of the student's educa- 43 tional plan, where applicable, successful school adjustment, developing 44 a safety plan to ensure such student does not create a safety risk for 45 the community, and reentry into the community. Such notification shall 46 be kept separate and apart from such student's school records and shall 47 be accessible only by the designated educational official. Such notifi- 48 cation shall not be part of such student's permanent school record and 49 shall not be appended to or included in any documentation regarding such 50 student and shall be destroyed at such time as such student is no longer 51 enrolled in the school district. At no time shall such notification be 52 used for any purpose other than those specified in this subdivision. 53 3. If a youth who has been adjudicated a youthful offender is enrolled 54 as a student in a public or private elementary or secondary school the 55 court that has adjudicated the youth as a youthful offender shall 56 provide notification of such adjudication and provide records related to 
 S. 7076 8 1 such adjudication necessary to ascertain the nature of the conduct lead- 2 ing to the conviction and adjudication of the youth, including but not 3 limited to accusatory instruments, certificates of disposition, and 4 probation reports, to the designated educational official of the school 5 in which such youth is enrolled as a student. Such notification shall 6 be used by the designated educational official only for purposes related 7 to the execution of the student's educational plan, where applicable, 8 successful school adjustment, developing a safety plan to ensure such 9 student does not create a risk for the community, and reentry into the 10 community. Such notification shall be kept separate and apart from such 11 student's school records and shall be accessible only by the designated 12 educational official. Such notification shall not be part of such 13 student's permanent school record and shall not be appended to or 14 included in any documentation regarding such student and shall be 15 destroyed at such time as such student is no longer enrolled in the 16 school district. At no time shall such notification be used for any 17 purpose other than those specified in this subdivision. 18 § 20. The penal law is amended by adding a new section 100.14 to read 19 as follows: 20 § 100.14 Criminal solicitation of a minor in a violent felony. 21 A person is guilty of criminal solicitation of a minor in a violent 22 felony when, being over eighteen years of age, with intent that another 23 person under eighteen years of age engage in conduct that would consti- 24 tute a violent felony, as defined in section 70.02 of this chapter, such 25 person solicits, requests, commands, importunes or otherwise attempts to 26 cause such other person to engage in such conduct. 27 Criminal solicitation of a minor in a violent felony is a class B 28 felony. 29 § 21. This act shall take effect immediately.