Bill Text: NY S01949 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to increasing the penalties for criminal use of a firearm in the second degree and criminal use of a firearm in the first degree; provides that criminal use of a firearm in the second degree is a class B felony and criminal use of a firearm in the first degree is a class A felony.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01949 Detail]
Download: New_York-2021-S01949-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1949 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to increasing the penalties for criminal use of a firearm in the second degree and criminal use of a firearm in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.08 of the penal law, as added by chapter 233 of 2 the laws of 1980, is amended to read as follows: 3 § 265.08 Criminal use of a firearm in the second degree. 4 A person is guilty of criminal use of a firearm in the second degree 5 when he commits any class [C] B violent felony offense as defined in 6 paragraph [(b)] (a) of subdivision one of section 70.02 and he either: 7 (1) possesses a deadly weapon, if the weapon is a loaded weapon from 8 which a shot, readily capable of producing death or other serious injury 9 may be discharged; or 10 (2) displays what appears to be a pistol, revolver, rifle, shotgun, 11 machine gun or other firearm. 12 Criminal use of a firearm in the second degree is a class [C] B felo- 13 ny. 14 § 2. Section 265.09 of the penal law, as amended by chapter 650 of the 15 laws of 1996, subdivision 2 as amended by chapter 1 of the laws of 2013, 16 is amended to read as follows: 17 § 265.09 Criminal use of a firearm in the first degree. 18 (1) A person is guilty of criminal use of a firearm in the first 19 degree when he commits [any class B violent felony offense as defined in20paragraph (a) of subdivision one of section 70.02] any second violent 21 felony offense as defined in section 70.04 and he either: 22 (a) possesses a deadly weapon, if the weapon is a loaded weapon from 23 which a shot, readily capable of producing death or other serious injury 24 may be discharged; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04369-01-1S. 1949 2 1 (b) displays what appears to be a pistol, revolver, rifle, shotgun, 2 machine gun or other firearm. 3 Criminal use of a firearm in the first degree is a class [B] A felony. 4 (2) Sentencing. Notwithstanding any other provision of law to the 5 contrary, when a person is convicted of criminal use of a firearm in the 6 first degree as defined in subdivision one of this section, the court 7 shall impose an additional consecutive sentence of five years to the 8 sentence imposed on the underlying [class B violent] felony offense 9 where the person convicted of such crime displays a loaded weapon from 10 which a shot, readily capable of producing death or other serious injury 11 may be discharged, in furtherance of the commission of such crime, 12 provided, however, that such additional sentence shall not be imposed if 13 the court, having regard to the nature and circumstances of the crime 14 and to the history and character of the defendant, finds on the record 15 that such additional consecutive sentence would be unduly harsh and that 16 not imposing such sentence would be consistent with the public safety 17 and would not deprecate the seriousness of the crime. Notwithstanding 18 any other provision of law to the contrary, the aggregate of the five 19 year consecutive term imposed pursuant to this subdivision and the mini- 20 mum term of the indeterminate sentence imposed on the underlying [class21B violent] felony shall constitute the new aggregate minimum term of 22 imprisonment, and a person subject to such term shall be required to 23 serve the entire aggregate minimum term and shall not be eligible for 24 release on parole or conditional release during such term. This subdivi- 25 sion shall not apply where the defendant's criminal liability for 26 displaying a loaded weapon from which a shot, readily capable of produc- 27 ing death or other serious injury may be discharged, in furtherance of 28 the commission of crime is based on the conduct of another pursuant to 29 section 20.00 of this chapter. 30 § 3. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the 31 penal law, paragraph (a) as amended by chapter 189 of the laws of 2018 32 and paragraph (b) as amended by chapter 94 of the laws of 2020, are 33 amended to read as follows: 34 (a) Class B violent felony offenses: an attempt to commit the class 35 A-I felonies of murder in the second degree as defined in section 36 125.25, kidnapping in the first degree as defined in section 135.25, and 37 arson in the first degree as defined in section 150.20; manslaughter in 38 the first degree as defined in section 125.20, aggravated manslaughter 39 in the first degree as defined in section 125.22, rape in the first 40 degree as defined in section 130.35, criminal sexual act in the first 41 degree as defined in section 130.50, aggravated sexual abuse in the 42 first degree as defined in section 130.70, course of sexual conduct 43 against a child in the first degree as defined in section 130.75; 44 assault in the first degree as defined in section 120.10, kidnapping in 45 the second degree as defined in section 135.20, burglary in the first 46 degree as defined in section 140.30, arson in the second degree as 47 defined in section 150.15, robbery in the first degree as defined in 48 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 49 subdivision five of section 230.34, sex trafficking of a child as 50 defined in section 230.34-a, incest in the first degree as defined in 51 section 255.27, criminal possession of a weapon in the first degree as 52 defined in section 265.04, criminal use of a firearm in the [first] 53 second degree as defined in section [265.09] 265.08, criminal sale of a 54 firearm in the first degree as defined in section 265.13, aggravated 55 assault upon a police officer or a peace officer as defined in section 56 120.11, gang assault in the first degree as defined in section 120.07,S. 1949 3 1 intimidating a victim or witness in the first degree as defined in 2 section 215.17, hindering prosecution of terrorism in the first degree 3 as defined in section 490.35, criminal possession of a chemical weapon 4 or biological weapon in the second degree as defined in section 490.40, 5 and criminal use of a chemical weapon or biological weapon in the third 6 degree as defined in section 490.47. 7 (b) Class C violent felony offenses: an attempt to commit any of the 8 class B felonies set forth in paragraph (a) of this subdivision; aggra- 9 vated criminally negligent homicide as defined in section 125.11, aggra- 10 vated manslaughter in the second degree as defined in section 125.21, 11 aggravated sexual abuse in the second degree as defined in section 12 130.67, assault on a peace officer, police officer, firefighter or emer- 13 gency medical services professional as defined in section 120.08, 14 assault on a judge as defined in section 120.09, gang assault in the 15 second degree as defined in section 120.06, strangulation in the first 16 degree as defined in section 121.13, aggravated strangulation as defined 17 in section 121.13-a, burglary in the second degree as defined in section 18 140.25, robbery in the second degree as defined in section 160.10, crim- 19 inal possession of a weapon in the second degree as defined in section 20 265.03, [criminal use of a firearm in the second degree as defined in21section 265.08,] criminal sale of a firearm in the second degree as 22 defined in section 265.12, criminal sale of a firearm with the aid of a 23 minor as defined in section 265.14, aggravated criminal possession of a 24 weapon as defined in section 265.19, soliciting or providing support for 25 an act of terrorism in the first degree as defined in section 490.15, 26 hindering prosecution of terrorism in the second degree as defined in 27 section 490.30, and criminal possession of a chemical weapon or biolog- 28 ical weapon in the third degree as defined in section 490.37. 29 § 4. This act shall take effect on the ninetieth day after it shall 30 have become a law.