senate Bill S3268

Amended

Creates the crime of related use of a lethal or explosive device

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Sponsor

Bill Status


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

  • 31 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 24 / Jan / 2014
    • PRINT NUMBER 3268A

Summary

Creates the crime of related used of a lethal or explosive device; provides for additional 7 years imprisonment for certain crimes where a lethal or explosive is used and; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

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Bill Details

Versions:
S3268
S3268A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง265.07, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2694
2009-2010: A6495
2007-2008: A7096

Sponsor Memo

BILL NUMBER:S3268

TITLE OF BILL: An act to amend the penal law, in relation to the
related use of a lethal or explosive device

PURPOSE: To impose a sentence of seven years consecutive to whatever
sentence is imposed on the underlying offense when the defendant
possesses a lethal device such as a machine gun, pistol, revolver, shot-
gun, rifle, assault weapon, electric dart, stun gun, explosive device,
bomb, grenade, rocket, missile or mine.

SUMMARY OF PROVISIONS: This legislation would add an additional consec-
utive sentence of seven years onto the sentence of an offender who
commits any offense while in possession of a lethal or explosive device
as described in the preceding paragraph.

That additional seven year sentence will not be imposed if the defend-
ant, within 60 days of arraignment on the indictment or superior court
information, truthfully to the satisfaction of the court provides the
district attorney with all the information the defendant has concerning
the source or the sources of the lethal or explosive device.

The additional seven year sentence will not be waived when the use of
the lethal or explosive device has resulted in the death of or serious
injury to a person who was not a participant in the offense.

A defendant who qualifies for the waiver will be RULED out and will not
have to serve the added consecutive seven year term. Those who fail to
qualify will be RULED in and will have to serve that consecutive term.

Most of the illegal weapons used against New Yorkers do not lawfully
originate within the State of New York and are smuggled into our state
by lucrative underground networks. Intelligence garnered through the
truthful debriefings of those who possess such illegal weapons while
committing other crimes will provide substantial assistance to law
enforcement in its effort to combat these underground smuggling
networks. The ability to gather such crucially important intelligence
will also provide substantial assistance to law enforcement in its
effort to battle gangs and other underground criminal networks, which
enterprises will be severely hampered once their criminal members have
to fear that a conspirator arrested with a weapon while committing a
crime will have to provide otherwise secretive intelligence on pain of
having to serve an additional seven years consecutive to the prison term
imposed on the underlying offense.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Takes effect on the first November next succeeding the
date on which it shall become law.

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

                                  3268

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- 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:

  Section 1. The penal law is amended by adding a new section 265.07  to
read as follows:
S 265.07 RELATED USE OF LETHAL OR EXPLOSIVE DEVICE.
  1.  A  PERSON IS GUILTY OF RELATED USE OF A LETHAL OR EXPLOSIVE DEVICE
WHEN HE OR SHE COMMITS ANY OFFENSE WHILE IN POSSESSION OF  A  LETHAL  OR
EXPLOSIVE DEVICE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
PERSON CONVICTED OF RELATED USE OF A LETHAL OR EXPLOSIVE  DEVICE  SHALL,
IN  ADDITION  TO  THE  PUNISHMENT PROVIDED FOR THE RELATED OR UNDERLYING
OFFENSE, BE SENTENCED TO A DETERMINATE TERM OF  IMPRISONMENT  FOR  SEVEN
YEARS,  AND  THE  TERM  OF IMPRISONMENT IMPOSED PURSUANT TO THIS SECTION
SHALL NOT RUN CONCURRENTLY WITH ANY OTHER TERM OF IMPRISONMENT INCLUDING
THAT IMPOSED FOR THE RELATED OR UNDERLYING CRIME.
  3. ANY SUCH NON-CONCURRENT TERM REQUIRED TO  BE  IMPOSED  PURSUANT  TO
THIS SECTION SHALL, HOWEVER, NOT BE IMPOSED IF:
  (A) THE DEFENDANT, WITHIN SIXTY DAYS OF THE DATE OF ARRAIGNMENT ON THE
INDICTMENT  OR SUPERIOR COURT INFORMATION, WHICH SIXTY DAY PERIOD MAY BE
EXTENDED IN THE DISCRETION OF THE DISTRICT ATTORNEY, SHALL TRUTHFULLY TO
THE SATISFACTION OF THE COURT PROVIDE THE DISTRICT ATTORNEY WITH ALL THE
INFORMATION THE DEFENDANT HAS CONCERNING THE SOURCE OR  SOURCES  OF  THE
LETHAL OR EXPLOSIVE DEVICE; AND
  (B)  THE  USE  OF  SUCH LETHAL OR EXPLOSIVE DEVICE HAS NOT RESULTED IN
DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON WHO WAS NOT  A  PARTIC-
IPANT IN THE OFFENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01342-01-3

S. 3268                             2

  4.  SO  LONG  AS  THE STATEMENTS MADE BY THE DEFENDANT TO THE DISTRICT
ATTORNEY RELATING TO THE SOURCES OF THE LETHAL OR EXPLOSIVE  DEVICE  ARE
TRUTHFUL,  THEN  (A)  NO  STATEMENT  SO  MADE  SHALL BE USED AS EVIDENCE
AGAINST THE DEFENDANT  IN  ANY  CRIMINAL  PROCEEDINGS  EXCEPT  THAT  THE
DISTRICT  ATTORNEY MAY USE SUCH STATEMENTS FOR THE PURPOSE OF CROSS-EXA-
MINATION, IMPEACHMENT AND  REBUTTAL  SHOULD  THE  DEFENDANT  EVER  OFFER
CONTRARY  EVIDENCE,  AND  (B)  THE DISTRICT ATTORNEY MAY USE AS EVIDENCE
AGAINST THE DEFENDANT ANY INDEPENDENT  EVIDENCE  WHICH  MAY  BE  DERIVED
THROUGH  AN  INVESTIGATION  INTO  THE  INFORMATION  SO  PROFFERED BY THE
DEFENDANT. AT ANY HEARING ON THE ISSUE OF WHETHER THE DEFENDANT'S STATE-
MENTS ARE TRUTHFUL, THE PEOPLE SHALL BEAR THE BURDEN OF SHOWING THAT THE
STATEMENTS ARE NOT TRUTHFUL BY PROOF BEYOND A REASONABLE DOUBT.
  5. THE TERM: (A) "LETHAL DEVICE" SHALL MEAN A MACHINE GUN, A PISTOL OR
REVOLVER, EITHER A SHOTGUN, RIFLE OR ASSAULT WEAPON OF ANY LENGTH OR ANY
OBJECT MADE THEREFROM BY ALTERATION, MODIFICATION OR OTHERWISE, AN ELEC-
TRONIC DART GUN, AND AN ELECTRONIC STUN GUN.
  (B) "EXPLOSIVE DEVICE" SHALL MEAN ANY EXPLOSIVE, INCENDIARY OR  POISON
GAS,  BOMB, GRENADE, ROCKET HAVING A PROPELLANT CHARGE OF MORE THAN FOUR
OUNCES, MISSILE HAVING AN EXPLOSIVE OR INCENDIARY CHARGE  OF  MORE  THAN
ONE-QUARTER  OUNCE,  MINE  OR  ANY  DEVICE SIMILAR TO ANY OF THE DEVICES
DESCRIBED IN THIS SUBDIVISION.
  (C) "EXPLOSIVE" SHALL MEAN ANY CHEMICAL COMPOUND  MIXTURE  OR  DEVICE,
THE PRIMARY PURPOSE OF WHICH IS TO FUNCTION BY EXPLOSION.
  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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