Bill Text: NY A03248 | 2017-2018 | General Assembly | Introduced

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Bill Title: Imposes an additional 5 years of imprisonment for sale of controlled substances to a person under the age of 16 or for committing a felony with a loaded firearm, shotgun, rifle or machine-gun.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2017-04-04 - held for consideration in codes [A03248 Detail]

Download: New_York-2017-A03248-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3248
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by M. of A. McKEVITT, GRAF, GARBARINO, RAIA, KOLB, FRIEND --
          Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred  to
          the Committee on Codes
        AN  ACT  to  amend  the penal law, in relation to imposing an additional
          term of imprisonment for the sale of a controlled substance  or  mari-
          huana to a person under the age of sixteen and for committing a felony
          while possessing a loaded firearm
          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 70.16  to
     2  read as follows:
     3  § 70.16 Additional   term   of   imprisonment  for  sale  of  controlled
     4            substances or marihuana to a person under the age  of  sixteen
     5            or  committing  a  felony  while  in  possession  of  a loaded
     6            firearm, shotgun, rifle or machine-gun.
     7    Notwithstanding the provisions of section 70.25 of this  article,  any
     8  person  who  is  found  guilty of or pleads guilty to criminal sale of a
     9  controlled substance in the fifth degree as defined in section 220.31 of
    10  this chapter, criminal sale of a  controlled  substance  in  the  fourth
    11  degree  as defined in section 220.34 of this chapter, criminal sale of a
    12  controlled substance in the third degree as defined in section 220.39 of
    13  this chapter, criminal sale of a  controlled  substance  in  the  second
    14  degree  as defined in section 220.41 of this chapter, criminal sale of a
    15  controlled substance in the first degree as defined in section 220.43 of
    16  this chapter, criminal sale of a controlled substance in or near  school
    17  grounds  as  defined in section 220.44 of this chapter, criminal sale of
    18  marihuana in the third degree as defined in section 221.45 of this chap-
    19  ter, criminal sale of marihuana in  the  second  degree  as  defined  in
    20  section  221.50  of  this  chapter, or criminal sale of marihuana in the
    21  first degree as defined in section 221.55 of this chapter  to  a  person
    22  under  the  age of sixteen or is found guilty of or pleads guilty to any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04681-01-7
        A. 3248                             2
     1  offense which is a felony and such person possessed  a  loaded  firearm,
     2  shotgun,  rifle  or  machine-gun,  as  defined in section 265.00 of this
     3  chapter, while committing such felony, shall in the interest of  justice
     4  and,  in  addition  to  the penalty prescribed by any other provision of
     5  law, be sentenced to an additional term of imprisonment of  five  years,
     6  such  term  to run consecutively with respect to any other term that may
     7  be imposed by the court.
     8    § 2. This act shall take effect on the first of November next succeed-
     9  ing the date on which it shall have become a law.