Bill Text: NY A01514 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates the crime of related used of a lethal or explosive device; provides for additional 10 years imprisonment for certain crimes where a lethal or explosive device is used; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01514 Detail]

Download: New_York-2015-A01514-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1514
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  LAVINE,  McDONOUGH,  CRESPO, JAFFEE, COLTON,
         ABINANTI, TITONE, BENEDETTO -- Multi-Sponsored by -- M. of A.  ARROYO,
         BRENNAN, KATZ -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal  law, in relation to the related use of a
         lethal or explosive device
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 265.07 to
    2  read as follows:
    3  S 265.07 RELATED USE OF LETHAL OR EXPLOSIVE DEVICE.
    4    1. A PERSON IS GUILTY OF RELATED USE OF A LETHAL OR  EXPLOSIVE  DEVICE
    5  WHEN  HE  OR  SHE COMMITS ANY OFFENSE WHILE IN POSSESSION OF A LETHAL OR
    6  EXPLOSIVE DEVICE.
    7    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
    8  PERSON  CONVICTED  OF RELATED USE OF A LETHAL OR EXPLOSIVE DEVICE SHALL,
    9  IN ADDITION TO THE PUNISHMENT PROVIDED FOR  THE  RELATED  OR  UNDERLYING
   10  OFFENSE,  BE  SENTENCED  TO  A  DETERMINATE TERM OF IMPRISONMENT FOR TEN
   11  YEARS, AND THE TERM OF IMPRISONMENT IMPOSED  PURSUANT  TO  THIS  SECTION
   12  SHALL NOT RUN CONCURRENTLY WITH ANY OTHER TERM OF IMPRISONMENT INCLUDING
   13  THAT IMPOSED FOR THE RELATED OR UNDERLYING CRIME.
   14    3.  ANY  SUCH  NON-CONCURRENT  TERM REQUIRED TO BE IMPOSED PURSUANT TO
   15  THIS SECTION SHALL, HOWEVER, NOT BE IMPOSED IF:
   16    (A) THE DEFENDANT, WITHIN SIXTY DAYS OF THE DATE OF ARRAIGNMENT ON THE
   17  INDICTMENT OR SUPERIOR COURT INFORMATION, WHICH SIXTY DAY PERIOD MAY  BE
   18  EXTENDED IN THE DISCRETION OF THE DISTRICT ATTORNEY, SHALL TRUTHFULLY TO
   19  THE SATISFACTION OF THE COURT PROVIDE THE DISTRICT ATTORNEY WITH ALL THE
   20  INFORMATION  THE  DEFENDANT  HAS CONCERNING THE SOURCE OR SOURCES OF THE
   21  LETHAL OR EXPLOSIVE DEVICE; AND
   22    (B) THE USE OF SUCH LETHAL OR EXPLOSIVE DEVICE  HAS  NOT  RESULTED  IN
   23  DEATH  OR  SERIOUS BODILY INJURY TO ANOTHER PERSON WHO WAS NOT A PARTIC-
   24  IPANT IN THE OFFENSE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02861-01-5
       A. 1514                             2
    1    4. SO LONG AS THE STATEMENTS MADE BY THE  DEFENDANT  TO  THE  DISTRICT
    2  ATTORNEY  RELATING  TO THE SOURCES OF THE LETHAL OR EXPLOSIVE DEVICE ARE
    3  TRUTHFUL, THEN (A) NO STATEMENT  SO  MADE  SHALL  BE  USED  AS  EVIDENCE
    4  AGAINST  THE  DEFENDANT  IN  ANY  CRIMINAL  PROCEEDINGS  EXCEPT THAT THE
    5  DISTRICT  ATTORNEY MAY USE SUCH STATEMENTS FOR THE PURPOSE OF CROSS-EXA-
    6  MINATION, IMPEACHMENT AND  REBUTTAL  SHOULD  THE  DEFENDANT  EVER  OFFER
    7  CONTRARY  EVIDENCE,  AND  (B)  THE DISTRICT ATTORNEY MAY USE AS EVIDENCE
    8  AGAINST THE DEFENDANT ANY INDEPENDENT  EVIDENCE  WHICH  MAY  BE  DERIVED
    9  THROUGH  AN  INVESTIGATION  INTO  THE  INFORMATION  SO  PROFFERED BY THE
   10  DEFENDANT. AT ANY HEARING ON THE ISSUE OF WHETHER THE DEFENDANT'S STATE-
   11  MENTS ARE TRUTHFUL, THE PEOPLE SHALL BEAR THE BURDEN OF SHOWING THAT THE
   12  STATEMENTS ARE NOT TRUTHFUL BY PROOF BEYOND A REASONABLE DOUBT.
   13    5. THE TERM: (A) "LETHAL DEVICE" SHALL MEAN A MACHINE GUN, A PISTOL OR
   14  REVOLVER, EITHER A SHOTGUN, RIFLE OR ASSAULT WEAPON OF ANY LENGTH OR ANY
   15  OBJECT MADE THEREFROM BY ALTERATION, MODIFICATION OR OTHERWISE, AN ELEC-
   16  TRONIC DART GUN, AND AN ELECTRONIC STUN GUN.
   17    (B) "EXPLOSIVE DEVICE" SHALL MEAN ANY EXPLOSIVE, INCENDIARY OR  POISON
   18  GAS,  BOMB, GRENADE, ROCKET HAVING A PROPELLANT CHARGE OF MORE THAN FOUR
   19  OUNCES, MISSILE HAVING AN EXPLOSIVE OR INCENDIARY CHARGE  OF  MORE  THAN
   20  ONE-QUARTER  OUNCE,  MINE  OR  ANY  DEVICE SIMILAR TO ANY OF THE DEVICES
   21  DESCRIBED IN THIS SUBDIVISION.
   22    (C) "EXPLOSIVE" SHALL MEAN ANY CHEMICAL COMPOUND  MIXTURE  OR  DEVICE,
   23  THE PRIMARY PURPOSE OF WHICH IS TO FUNCTION BY EXPLOSION.
   24    S 2. This act shall take effect on the first of November next succeed-
   25  ing the date on which it shall have become a law.