Bill Text: NY A04061 | 2015-2016 | General Assembly | Introduced

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Bill Title: Increases penalties for criminal use of a firearm in the first degree when committing a drug related felony offense.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A04061 Detail]

Download: New_York-2015-A04061-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4061
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by M. of A. McKEVITT, GRAF, RAIA -- Multi-Sponsored by -- M.
         of A. HAWLEY -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to increasing  penalties  for
         criminal  use  of a firearm in the first degree when committing a drug
         related felony offense
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.09 of the penal law, as amended by chapter 650
    2  of the laws of 1996 and subdivision 2 as amended by  chapter  1  of  the
    3  laws of 2013, is amended to read as follows:
    4  S 265.09 Criminal use of a firearm in the first degree.
    5    (1)  A  person  is  guilty  of  criminal use of a firearm in the first
    6  degree when he OR SHE commits any class  B  violent  felony  offense  as
    7  defined  in paragraph (a) of subdivision one of section 70.02 OR COMMITS
    8  ANY DRUG RELATED FELONY OFFENSE AS DEFINED IN SECTIONS  220.31,  220.34,
    9  220.39,  220.41, 220.43, 220.44 AND 220.48 OF THIS CHAPTER and he OR SHE
   10  either:
   11    (a) possesses a deadly weapon, if the weapon is a loaded  OR  UNLOADED
   12  weapon  from  which  a shot, readily capable of producing death or other
   13  serious injury may be discharged; or
   14    (b) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
   15  machine gun or other firearm.
   16    Criminal use of a firearm in the first degree is a class B felony.
   17    (2)  Sentencing. (A) Notwithstanding any other provision of law to the
   18  contrary, when a person is convicted of criminal use of a firearm in the
   19  first degree as defined in subdivision one of this  section,  the  court
   20  shall  impose  an additional consecutive sentence of [five] TEN years to
   21  the sentence imposed on the underlying class B violent felony offense OR
   22  DRUG RELATED FELONY OFFENSE where the person  convicted  of  such  crime
   23  displays  a loaded OR UNLOADED weapon from which a shot, readily capable
   24  of producing death or other serious injury may be discharged OR DISPLAYS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08472-01-5
       A. 4061                             2
    1  WHAT APPEARS TO BE A PISTOL, REVOLVER, SHOTGUN,  MACHINE  GUN  OR  OTHER
    2  FIREARM,  in  furtherance  of  the  commission of such crime[, provided,
    3  however, that such additional sentence  shall  not  be  imposed  if  the
    4  court, having regard to the nature and circumstances of the crime and to
    5  the  history  and  character  of the defendant, finds on the record that
    6  such additional consecutive sentence would be unduly harsh and that  not
    7  imposing  such  sentence  would be consistent with the public safety and
    8  would not deprecate the seriousness  of  the  crime].    THE  ADDITIONAL
    9  SENTENCE  SHALL  BE  IMPOSED  BY  THE COURT REGARDLESS OF THE NATURE AND
   10  CIRCUMSTANCES OF THE CRIME AND TO  THE  HISTORY  AND  CHARACTER  OF  THE
   11  DEFENDANT. THE DISTRICT ATTORNEY OF ANY JURISDICTION SHALL BE PROHIBITED
   12  FROM DISMISSING THIS OFFENSE IN THE COURSE OF A PLEA BARGAIN.
   13    (B)  Notwithstanding  any  other provision of law to the contrary, the
   14  aggregate of the [five] TEN year consecutive term  imposed  pursuant  to
   15  this  subdivision  and  the  minimum  term of the indeterminate sentence
   16  imposed on the underlying class B violent felony OR DRUG RELATED  FELONY
   17  OFFENSE shall constitute the new aggregate minimum term of imprisonment,
   18  and  a person subject to such term shall be required to serve the entire
   19  aggregate minimum term and shall not be eligible for release  on  parole
   20  or  conditional  release  during such term. This subdivision shall [not]
   21  apply where the defendant's criminal liability for displaying  a  loaded
   22  OR UNLOADED weapon from which a shot, readily capable of producing death
   23  or  other  serious injury may be discharged, OR DISPLAYS WHAT APPEARS TO
   24  BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM,  in
   25  furtherance of the commission of crime is based on the conduct of anoth-
   26  er pursuant to section 20.00 of this chapter.
   27    S 2. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law.