Bill Text: NY A02768 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to strengthening prison sentences for illegal gun possession.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A02768 Detail]

Download: New_York-2015-A02768-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2768
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M. of A. KATZ -- Multi-Sponsored by -- M. of A. BORELLI,
         CROUCH, DiPIETRO, FINCH, GARBARINO, HAWLEY, McLAUGHLIN, TENNEY, WALTER
         -- read once and referred to the Committee on Codes
       AN ACT to amend the penal  law,  in  relation  to  strengthening  prison
         sentences for illegal gun possession
         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  70.17  to
    2  read as follows:
    3  S 70.17 MANDATORY   MINIMUM   SENTENCES   OF   IMPRISONMENT   AND   BAIL
    4            RESTRICTIONS FOR UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM.
    5    1. ANY INDIVIDUAL WITH A PRIOR CONVICTION FOR A VIOLENT FELONY  PURSU-
    6  ANT  TO SECTION 70.02 OF THIS ARTICLE WHO IS SUBSEQUENTLY OR CONTEMPORA-
    7  NEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM  PURSUANT
    8  TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A TERM OF IMPRISONMENT NOT
    9  LESS  THAN  FIVE  YEARS AND SHALL NOT BE ELIGIBLE FOR PAROLE PURSUANT TO
   10  SECTION 70.40 OF THIS ARTICLE. SUCH SENTENCE SHALL  RUN  CONSECUTIVE  TO
   11  ANY OTHER SENTENCE OF IMPRISONMENT.
   12    2.  ANY  INDIVIDUAL  CONVICTED  OF CRIMINAL POSSESSION OF A FIREARM ON
   13  SCHOOL PROPERTY PURSUANT TO SECTION 265.06-A  OF  THIS  CHAPTER  WHO  IS
   14  SUBSEQUENTLY OR CONTEMPORANEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN
   15  ILLEGAL FIREARM PURSUANT TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A
   16  TERM  OF IMPRISONMENT NOT LESS THAN FIVE YEARS AND SHALL NOT BE ELIGIBLE
   17  FOR PAROLE PURSUANT TO SECTION 70.40  OF  THIS  ARTICLE.  SUCH  SENTENCE
   18  SHALL RUN CONSECUTIVE TO ANY OTHER SENTENCE OF IMPRISONMENT.
   19    3.  ANY INDIVIDUAL WITH A PRIOR CONVICTION FOR POSSESSION OF MORE THAN
   20  SIXTEEN OUNCES OF MARIJUANA, COCAINE OR HEROIN UNDER ARTICLE TWO HUNDRED
   21  TWENTY-ONE OR TWO HUNDRED TWENTY OF THIS CHAPTER WHO IS SUBSEQUENTLY  OR
   22  CONTEMPORANEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM
   23  PURSUANT  TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A TERM OF IMPRI-
   24  SONMENT NOT LESS THAN FIVE YEARS AND SHALL NOT BE  ELIGIBLE  FOR  PAROLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04427-01-5
       A. 2768                             2
    1  PURSUANT  TO  SECTION  70.40  OF  THIS  ARTICLE. SUCH SENTENCE SHALL RUN
    2  CONSECUTIVE TO ANY OTHER SENTENCE OF IMPRISONMENT.
    3    S  2.  The penal law is amended by adding a new section 265.07 to read
    4  as follows:
    5  S 265.07 UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM.
    6    AN INDIVIDUAL IS GUILTY OF UNLAWFUL POSSESSION OF AN  ILLEGAL  FIREARM
    7  WHEN THEY POSSESS A FIREARM WHICH IS NOT DULY LICENSED THROUGH AN APPRO-
    8  PRIATE  LICENSING  AUTHORITY  OR  POSSESS ANY FIREARM WHICH IS OTHERWISE
    9  PROHIBITED BY STATE LAW.
   10    UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM IS A VIOLATION.
   11    S 3. The penal law is amended by adding a new section 265.06-a to read
   12  as follows:
   13  S 265.06-A CRIMINAL POSSESSION OF A FIREARM ON SCHOOL PROPERTY.
   14    A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM ON SCHOOL PROP-
   15  ERTY WHEN SUCH PERSON:
   16    1. CARRIES A FIREARM ONTO SCHOOL PROPERTY WITH THE INTENT OF FIRING OR
   17  DISCHARGING IT, OR
   18    2. DISPLAYS SUCH FIREARM IN A THREATENING MANNER.
   19    CRIMINAL POSSESSION OF A FIREARM ON SCHOOL PROPERTY IS A CLASS C FELO-
   20  NY.
   21    S 4. This act shall take effect on the ninetieth day  after  it  shall
   22  have become a law.