Assembly Bill A2724

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A2724 (ACTIVE) - Details

See Senate Version of this Bill:
S3358
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §265.07, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6495
2011-2012: A2907, S2694
2013-2014: A2190, S3268
2015-2016: A1514, S3054
2019-2020: A2645, S3984
2021-2022: A4152, S2723
2023-2024: A1762

2017-A2724 (ACTIVE) - Summary

Creates the crime of related use of a lethal or explosive device; provides for additional 10 years imprisonment for certain crimes where a lethal or explosive device is used; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

2017-A2724 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2724
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE,  McDONOUGH,  CRESPO, JAFFEE, COLTON,
   ABINANTI, TITONE, BENEDETTO, SIMON, SEAWRIGHT, THIELE  --  Multi-Spon-
   sored  by -- M. of A.  ARROYO -- read once and referred to the Commit-
   tee 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:
 § 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  TEN
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05853-01-7

              

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