Bill Text: NY S03984 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the crime of related use of a lethal or explosive device; provides for additional 10 years imprisonment for certain crimes where a lethal or explosive device is used and; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S03984 Detail]

Download: New_York-2019-S03984-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3984
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 22, 2019
                                       ___________
        Introduced  by Sens. KRUEGER, LIU -- 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  the  related  use  of  a
          lethal or explosive device
          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 265.07  to
     2  read as follows:
     3  § 265.07 Related use of lethal or explosive device.
     4    1.  A  person is guilty of related use of a lethal or explosive device
     5  when he or she commits any offense while in possession of  a  lethal  or
     6  explosive device.
     7    2.  Notwithstanding  any  other  provision of law to the contrary, any
     8  person convicted of related use of a lethal or explosive  device  shall,
     9  in  addition  to  the  punishment provided for the related or underlying
    10  offense, be sentenced to a determinate  term  of  imprisonment  for  ten
    11  years,  and  the  term  of imprisonment imposed pursuant to this section
    12  shall not run concurrently with any other term of imprisonment including
    13  that imposed for the related or underlying crime.
    14    3. Any such non-concurrent term required to  be  imposed  pursuant  to
    15  this section shall, however, not be imposed if:
    16    (a) the defendant, within sixty days of the date of arraignment on the
    17  indictment  or superior court information, which sixty day period may be
    18  extended in the discretion of the district attorney, shall truthfully to
    19  the satisfaction of the court provide the district attorney with all the
    20  information the defendant has concerning the source or  sources  of  the
    21  lethal or explosive device; and
    22    (b)  the  use  of  such lethal or explosive device has not resulted in
    23  death or serious bodily injury to another person who was not  a  partic-
    24  ipant in the offense.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04459-01-9
        S. 3984                             2
     1    4.  So  long  as  the statements made by the defendant to the district
     2  attorney relating to the sources of the lethal or explosive  device  are
     3  truthful,  then  (a)  no  statement  so  made  shall be used as evidence
     4  against the defendant  in  any  criminal  proceedings  except  that  the
     5  district  attorney may use such statements for the purpose of cross-exa-
     6  mination, impeachment and  rebuttal  should  the  defendant  ever  offer
     7  contrary  evidence,  and  (b)  the district attorney may use as evidence
     8  against the defendant any independent  evidence  which  may  be  derived
     9  through  an  investigation  into  the  information  so  proffered by the
    10  defendant. At any hearing on the issue of whether the defendant's state-
    11  ments are truthful, the people shall bear the burden of showing that the
    12  statements are not truthful by proof beyond a reasonable doubt.
    13    5. The term: (a) "Lethal device" shall mean a machine gun, a pistol or
    14  revolver, either a shotgun, rifle or assault weapon of any length or any
    15  object made therefrom by alteration, modification or otherwise, an elec-
    16  tronic dart gun, and an electronic stun gun.
    17    (b) "Explosive device" shall mean any explosive, incendiary or  poison
    18  gas,  bomb, grenade, rocket having a propellant charge of more than four
    19  ounces, missile having an explosive or incendiary charge  of  more  than
    20  one-quarter  ounce,  mine  or  any  device similar to any of the devices
    21  described in this subdivision.
    22    (c) "Explosive" shall mean any chemical compound  mixture  or  device,
    23  the primary purpose of which is to function by explosion.
    24    § 2. This act shall take effect on the first of November next succeed-
    25  ing the date on which it shall have become a law.