senate Bill S1407

Amended

Creates the offense of criminal use of a firearm in connection with a crime; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO CODES
  • 29 / Mar / 2011
    • 1ST REPORT CAL.265
  • 30 / Mar / 2011
    • 2ND REPORT CAL.
  • 31 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 11 / Apr / 2011
    • AMENDED ON THIRD READING 1407A
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 23 / Feb / 2012
    • AMEND AND RECOMMIT TO CODES
  • 23 / Feb / 2012
    • PRINT NUMBER 1407B
  • 01 / Mar / 2012
    • 1ST REPORT CAL.265
  • 05 / Mar / 2012
    • 2ND REPORT CAL.
  • 06 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Mar / 2012
    • PASSED SENATE
  • 21 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Mar / 2012
    • REFERRED TO CODES

Summary

Relates to criminal use of a firearm in the first degree.

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Bill Details

Versions:
S1407
S1407A
S1407B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2110A
2007-2008: S208

Votes

15
1
15
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S1407

TITLE OF BILL:

An act
to amend the penal law, the vehicle and traffic law and the general
business law,
in relation to
criminal use of a firearm in the first degree and to repeal
certain provisions of the penal law relating thereto

PURPOSE:

The purpose of this bill is to provide stiffer sentences to criminals
who use firearms to commit felonies.

SUMMARY OF PROVISIONS:

Section one amends the definition of criminal use of a firearm in the
first degree to include displaying a firearm in the commission of any
felony as opposed to just class B violent felonies.

Section two repeals criminal use of a firearm in the second degree (a
class C felony), this effectively upgrades all instances of criminal
use of a firearm to class B violent felonies.

Section three is technical and updates the cross references in law.

JUSTIFICATION:

The use of firearms to commit violent crimes and terrorize the general
populace is barbaric and unacceptable in any advanced civilization.
However, citizens of the United States of America have a
Constitutionally guaranteed right to keep and bear arms for their own
purposes including hunting, recreation, collecting, self defense, to
protect their families, to protect their homes or any other lawful
purpose that the individual citizen may desire. These rights have
been recently upheld in the Supreme Court cases of District of
Columbia v. Heller and McDonald v. Chicago.

Nonetheless, for a free society to flourish there has to be a
respected rule of law. Hence, it is essential that people who use
force to terrorize and prey upon others be punished to the fullest
extent of the law, and that the laws be strong enough to make use a
firearm in the commission of a crime unthinkable.

LEGISLATIVE HISTORY:

S.2110 of 2010 - Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1407

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  JOHNSON,  LARKIN, LAVALLE,
  MAZIARZ, SALAND -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes

AN ACT to amend the penal law, the  vehicle  and  traffic  law  and  the
  general  business law, in relation to criminal use of a firearm in the
  first degree and to repeal certain provisions of the penal law  relat-
  ing thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.09 of the penal law, as amended by chapter  650
of the laws of 1996, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when he OR SHE commits any [class B violent] felony  offense  [as
defined  in  paragraph  (a)  of subdivision one of section 70.02] and he
[either:
  (a) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b)]  OR  SHE  displays  what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
contrary, when a person is convicted of criminal use of a firearm in the
first  degree  as  defined in subdivision one of this section, the court
shall impose [an additional] A consecutive sentence of five years to the
minimum term of [an indeterminate] THE sentence imposed on the  underly-
ing  class  B  violent felony offense where the person convicted of such
crime displays a loaded weapon from which a  shot,  readily  capable  of
producing  death  or other serious injury may be discharged, in further-
ance of the commission of such crime, provided, however, that such addi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04651-01-1

S. 1407                             2

tional sentence shall not be imposed if the court, having regard to  the
nature  and  circumstances of the crime and to the history and character
of the defendant, finds on the record that such  additional  consecutive
sentence would be unduly harsh and that not imposing such sentence would
be  consistent  with the public safety and would not deprecate the seri-
ousness of the crime.  Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term imposed pursu-
ant to this subdivision and the  minimum  term  of  the  [indeterminate]
sentence  imposed  on  the  underlying  [class  B  violent] felony shall
constitute the new aggregate minimum term of imprisonment, and a  person
subject  to  such  term  shall be required to serve the entire aggregate
minimum term and shall not be eligible for release on parole  or  condi-
tional  release during such term. This subdivision shall not apply where
the defendant's criminal liability for displaying a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged, in furtherance of the commission of crime is based on
the conduct of another pursuant to section 20.00 of [the penal law] THIS
CHAPTER.
  S 2. Section 265.08 of the penal law is REPEALED.
  S 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  405 of the laws of 2010, is amended to read as
follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, gang assault
in the second degree as defined in section 120.06, strangulation in  the
first degree as defined in section 121.13, burglary in the second degree
as defined in section 140.25, robbery in the second degree as defined in
section  160.10, criminal possession of a weapon in the second degree as
defined in section 265.03, [criminal use of  a  firearm  in  the  second
degree  as defined in section 265.08,] criminal sale of a firearm in the
second degree as defined in section 265.12, criminal sale of  a  firearm
with  the  aid  of  a  minor as defined in section 265.14, soliciting or
providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution  of  terrorism  in  the  second
degree as defined in section 490.30, and criminal possession of a chemi-
cal  weapon  or  biological  weapon  in  the  third degree as defined in
section 490.37.
  S 4. Paragraph (c) of subdivision 4 of section 509-cc of  the  vehicle
and  traffic  law,  as  amended  by  chapter 405 of the laws of 2010, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.13, 125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10,  135.55,
140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55,  230.00,
230.05,  230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07,
235.21, 240.06, 245.00, 260.10, subdivision two of  section  260.20  and
sections  260.25,  265.02,  265.03,  [265.08,]  265.09,  265.10, 265.12,

S. 1407                             3

265.35 of the penal law or an attempt to commit  any  of  the  aforesaid
offenses  under section 110.00 of the penal law, or any similar offenses
committed under a former section of  the  penal  law,  or  any  offenses
committed under a former section of the penal law which would constitute
violations  of  the aforesaid sections of the penal law, or any offenses
committed outside this state which would constitute  violations  of  the
aforesaid sections of the penal law.
  S  5.  The  opening  paragraph  of  paragraph  (f) of subdivision 1 of
section 410 of the general business law, as added by chapter 509 of  the
laws of 1992, is amended to read as follows:
  Conviction  of  any of the following crimes subsequent to the issuance
of a license pursuant to this  article:    fraud  pursuant  to  sections
170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and 190.65; falsifying
business records pursuant to section 175.10; grand larceny  pursuant  to
article  155;  bribery  pursuant  to  sections  180.03,  180.08, 180.15,
180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45,  200.50;
perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to
sections  120.05,  120.10,  120.11,  120.12; robbery pursuant to article
160; homicide pursuant  to  sections  125.25  and  125.27;  manslaughter
pursuant  to  sections 125.15 and 125.20; kidnapping and unlawful impri-
sonment pursuant to sections 135.10, 135.20 and 135.25; unlawful weapons
possession pursuant to sections 265.02, 265.03 and 265.04; criminal  use
of  a  weapon pursuant to [sections 265.08 and] SECTION 265.09; criminal
sale of a weapon  pursuant  to  sections  265.11  and  265.12;  and  sex
offenses  pursuant  to  article 130 of the penal law. Provided, however,
that for the purposes of this article, none of the  following  shall  be
considered  criminal  convictions  or reported as such: (i) a conviction
for which an executive pardon has been issued pursuant to the  executive
law; (ii) a conviction which has been vacated and replaced by a youthful
offender  finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions  of  law  of  any  other
jurisdiction;  or  (iii)  a  conviction  the  records of which have been
expunged or sealed pursuant to the applicable provisions of the laws  of
this state or of any other jurisdiction; and (iv) a conviction for which
other evidence of successful rehabilitation to remove the disability has
been issued.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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