senate Bill S2237

Amended

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 15 / Jan / 2013
    • REFERRED TO CODES
  • 11 / Feb / 2013
    • AMEND AND RECOMMIT TO CODES
  • 11 / Feb / 2013
    • PRINT NUMBER 2237A
  • 22 / Apr / 2013
    • REPORTED AND COMMITTED TO RULES
  • 22 / Apr / 2013
    • ORDERED TO THIRD READING CAL.387
  • 23 / Apr / 2013
    • AMENDED ON THIRD READING 2237B
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 25 / Nov / 2013
    • AMEND AND RECOMMIT TO RULES
  • 25 / Nov / 2013
    • PRINT NUMBER 2237C
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 27 / Feb / 2014
    • 1ST REPORT CAL.210
  • 03 / Mar / 2014
    • AMENDED 2237D
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to criminal use of a firearm in the first degree; provides that the firearm displayed need not be real for additional penalties to apply.

do you support this bill?

Bill Details

Versions:
S2237
S2237A
S2237B
S2237C
S2237D
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
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:
2011-2012: S1407B
2009-2010: S2110A
2007-2008: S208

Sponsor Memo

BILL NUMBER:S2237

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.

EXISTING LAW: The sentencing provisions contained in Subdivision 2 of
Penal Law

Section 265.09 currently apply only where the defendant displays an
actual loaded weapon.

JUSTIFICATION: The use of firearms to commit violent crimes and
terrorize the general populace is barbaric and unacceptable in any
advanced civilization. However, citizens 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.1407B of 2012 - Passed Senate 03/21/12 S.2110
of 2010 - Referred to Codes

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect on the first of November
after it shall have become law.


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

                                  2237

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 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, 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,] WHAT APPEARS
TO  BE  A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM
in furtherance of the commission of such crime, provided, however,  that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03184-01-3

S. 2237                             2

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 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 depre-
cate the seriousness of the crime.  Notwithstanding any other  provision
of  law to the contrary, the aggregate of the five year consecutive term
imposed pursuant to this subdivision and the minimum term of the  [inde-
terminate]  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 aggre-
gate  minimum  term  and  shall not be eligible for release on parole or
conditional 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,] WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE,
SHOTGUN, MACHINE GUN OR OTHER FIREARM 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  148 of the laws of 2011, 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, assault on a
judge as defined in section 120.09, 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, crim-
inal 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 chemical weapon or biolog-
ical 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 400 of the laws of 2011, 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,
125.40, 125.45, 130.20, 130.25, 130.52, 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, 220.65, 221.30, 221.50, 221.55,  230.00,
230.05,  230.06, 230.20, 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,

S. 2237                             3

265.03,  [265.08,] 265.09, 265.10, 265.12, 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.