senate Bill S2180

Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm

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Sponsor

Co-Sponsors

Bill Status


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

  • 14 / Jan / 2013
    • REFERRED TO CODES
  • 22 / Apr / 2013
    • REPORTED AND COMMITTED TO RULES
  • 22 / Apr / 2013
    • ORDERED TO THIRD READING CAL.386
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 27 / Feb / 2014
    • 1ST REPORT CAL.209
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm where such offenses occur at the residence of a child under age of fourteen.

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Bill Details

See Assembly Version of this Bill:
A2098
Versions:
S2180
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2169A, A5897A
2009-2010: S8418, S8418

Votes

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

Sponsor Memo

BILL NUMBER:S2180

TITLE OF BILL: An act to amend the penal law, in relation to enhanced
sentencing for criminal possession of a weapon or criminal sale of a
firearm, when the crime is committed at the home of a child

PURPOSE: The purpose of this bill is to target criminals who possess
and sell firearms in residences that also serve as the home of children
under the age of fourteen.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section, 265.18, to the Penal Law that provides
for an additional sentence when weapons are illegally possessed or
firearms are illegally sold in a home that is also the dwelling of a
child under the age of fourteen or in the presence of such child. The
bill provides that when a person is convicted of criminal possession of
a weapon in the first degree (Penal Law §265.04), second degree (Penal
Law §265.03) or third degree (§265.02), and such crime was committed at
a place which is the dwelling or residence of a child under age 24, a
consecutive sentence of two and a half years is added on to the minimum
sentence. If this crime is committed in the presence of a child under
age 14, the enhanced consecutive sentence is five years. Any person
convicted under these provisions will not be eligible for parole until
the minimum sentence and the enhanced sentence is served.

Criminal possession of a weapon in the fourth degree (§265.01) is inten-
tionally excluded because it is a misdemeanor and the purpose of the
bill is to target felons.

The enhanced sentencing provisions also apply to the criminal sale of a
firearm in the first through third degree (Penal Law § 265.14, § 265.13,
§ 265.12 and § 265.11) and criminal sale of a firearm to a minor (Penal
Law §265.16). All of the firearms sales crimes are also felonies.

EXISTING LAW: Current law provides none of the enhanced penalties
described in this bill.

JUSTIFICATION: The purpose of this bill is to target criminals who
possess and sell firearms in residences that also serve as the home of
children under the age of fourteen. In many instances, these individuals
are also dealing or using drugs in a dwelling that is located in a large
apartment building or housing complex. Often, young children either live
in or around these dwellings. The activities of these criminals puts not
only the children, but all of the law abiding citizens in these communi-
ties at grave risk of injury or death.

This Legislation provides a solution that can be immediately imple-
mented. The enhanced sentencing provided in this bill is designed to
make the lives of drug dealers and other kinds of gangsters miserable to

the point where it is no longer in their best interest to dwell in and
terrorize these communities.

LEGISLATIVE HISTORY: S.2169A- Passed Senate 02/13/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE: The first of November next succeeding the date it
becomes law.

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

                                  2180

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  enhanced  sentencing  for
  criminal  possession  of  a weapon or criminal sale of a firearm, when
  the crime is committed at the home of a child

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

  Section  1. The penal law is amended by adding a new section 265.18 to
read as follows:
S 265.18 ADDITIONAL SENTENCE WHEN CRIMINAL POSSESSION  OF  A  WEAPON  OR
           CRIMINAL  SALE  OF  A  FIREARM  IS COMMITTED AT THE HOME OF A
           CHILD.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  WHEN  A
PERSON  IS  CONVICTED  OF  CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN
SECTIONS 265.04, 265.03 OR 265.02, OR CRIMINAL  SALE  OF  A  FIREARM  AS
DEFINED  IN  SECTIONS  265.16, 265.14, 265.13, 265.12, OR 265.11 OF THIS
ARTICLE AND THE TRIER OF FACT DETERMINES BEYOND A REASONABLE DOUBT  THAT
THE  CRIME WAS COMMITTED AT ANY DWELLING, MULTIPLE DWELLING OR RESIDENCE
WHERE A CHILD UNDER THE AGE OF FOURTEEN  YEARS  OLD  IS  DOMICILED,  THE
COURT  SHALL  IMPOSE  AN  ADDITIONAL  CONSECUTIVE  SENTENCE  OF  TWO AND
ONE-HALF YEARS TO THE MINIMUM TERM OF A SENTENCE IMPOSED ON THE UNDERLY-
ING FELONY OFFENSE. IF THE  TRIER  OF  FACT  ALSO  DETERMINES  BEYOND  A
REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT SUCH RESIDENCE AND SUCH
CHILD  OR  ANOTHER CHILD UNDER THE AGE OF FOURTEEN YEARS OLD WAS PRESENT
AT THE DWELLING, MULTIPLE DWELLING OR RESIDENCE, OR WITHIN THE CURTILAGE
OF SUCH, AT THE TIME OF THE COMMISSION  OF  THE  CRIME,  THE  ADDITIONAL
CONSECUTIVE  SENTENCE  SHALL  BE  NO LESS THAN FIVE YEARS. HOWEVER, SUCH
ADDITIONAL SENTENCE SHALL NOT BE IMPOSED IF THE COURT, HAVING REGARD  TO
THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY AND CHARAC-
TER  OF  THE DEFENDANT, FINDS ON THE RECORD THAT SUCH ADDITIONAL CONSEC-
UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03182-01-3

S. 2180                             2

WOULD BE CONSISTENT WITH THE PUBLIC SAFETY AND WOULD NOT  DEPRECATE  THE
SERIOUSNESS  OF THE CRIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THE AGGREGATE OF THE CONSECUTIVE TERM IMPOSED PURSUANT  TO
THIS  SECTION AND THE MINIMUM TERM OF THE SENTENCE IMPOSED ON THE UNDER-
LYING FELONY SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM  OF  IMPRI-
SONMENT,  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 CONDITIONAL RELEASE DURING SUCH TERM.
  S 2. 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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