Bill Text: NY A07177 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides an affirmative defense for criminal possession of a weapon where the weapon is a gravity knife and the person did not intend to use it unlawfully.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A07177 Detail]
Download: New_York-2013-A07177-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7177
2013-2014 Regular Sessions
I N A S S E M B L Y
May 6, 2013
___________
Introduced by M. of A. LENTOL -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to an affirmative defense to
criminal possession of a gravity knife
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The section heading of section 265.15 of the penal law is
2 amended and a new subdivision 7 is added to read as follows:
3 Presumptions of possession, unlawful intent and defacement; AFFIRMA-
4 TIVE DEFENSE.
5 7. IT IS AN AFFIRMATIVE DEFENSE TO CRIMINAL POSSESSION OF A WEAPON AS
6 PROVIDED IN SUBDIVISION ONE OF SECTION 265.01 OF THIS ARTICLE OR SUBDI-
7 VISION ONE OF SECTION 265.02 OF THIS ARTICLE WHERE THE WEAPON POSSESSED
8 IS A GRAVITY KNIFE AND WHERE THE PERSON DID NOT INTEND TO USE IT UNLAW-
9 FULLY.
10 S 2. This act shall take effect on the thirtieth day after it shall
11 have become a law and shall apply to all pending trials where jury
12 deliberations have not yet commenced.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09839-01-3
