Bill Text: NY A07545 | 2011-2012 | 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 2-0)

Status: (Introduced - Dead) 2012-03-27 - held for consideration in codes [A07545 Detail]

Download: New_York-2011-A07545-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7545
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 10, 2011
                                      ___________
       Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
         tee 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, is amended to read as follows:
    3  S 265.09 Criminal use of a firearm in the first degree.
    4    (1)  A  person  is  guilty  of  criminal use of a firearm in the first
    5  degree when he OR SHE commits any class  B  violent  felony  offense  as
    6  defined  in paragraph (a) of subdivision one of section 70.02 OR COMMITS
    7  ANY DRUG RELATED FELONY OFFENSE AS DEFINED IN SECTIONS  220.31,  220.34,
    8  220.39,  220.41, 220.43, 220.44 AND 220.48 OF THIS CHAPTER and he OR SHE
    9  either:
   10    (a) possesses a deadly weapon, if the weapon is a loaded  OR  UNLOADED
   11  weapon  from  which  a shot, readily capable of producing death or other
   12  serious injury may be discharged; or
   13    (b) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
   14  machine gun or other firearm.
   15    Criminal use of a firearm in the first degree is a class B felony.
   16    (2)  Sentencing. (A) Notwithstanding any other provision of law to the
   17  contrary, when a person is convicted of criminal use of a firearm in the
   18  first degree as defined in subdivision one of this  section,  the  court
   19  shall  impose  an additional consecutive sentence of [five] TEN years to
   20  the minimum term of an indeterminate sentence imposed on the  underlying
   21  class  B violent felony offense OR DRUG RELATED FELONY OFFENSE where the
   22  person convicted of such crime displays a loaded OR UNLOADED weapon from
   23  which a shot, readily capable of producing death or other serious injury
   24  may be discharged OR DISPLAYS WHAT APPEARS TO  BE  A  PISTOL,  REVOLVER,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11088-01-1
       A. 7545                             2
    1  RIFLE,  SHOTGUN,  MACHINE  GUN  OR  OTHER FIREARM, in furtherance of the
    2  commission of such  crime[,  provided,  however,  that  such  additional
    3  sentence  shall not be imposed if the court, having regard to the nature
    4  and  circumstances  of the crime and to the history and character of the
    5  defendant, finds on the record that such additional consecutive sentence
    6  would be unduly harsh and that  not  imposing  such  sentence  would  be
    7  consistent  with  the public safety and would not deprecate the serious-
    8  ness of the crime].  THE ADDITIONAL SENTENCE SHALL  BE  IMPOSED  BY  THE
    9  COURT REGARDLESS OF THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE
   10  HISTORY  AND  CHARACTER  OF  THE DEFENDANT. THE DISTRICT ATTORNEY OF ANY
   11  JURISDICTION SHALL BE PROHIBITED FROM DISMISSING  THIS  OFFENSE  IN  THE
   12  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 [the penal law] THIS CHAPTER.
   27    S 2. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law.