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Assembly Bill A423

2009-2010 Legislative Session

Provides for mandatory five year period of imprisonment for persons convicted of committing any crime with the use of a firearm; repealer

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Archive: Last Bill Status - Stricken

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2009-A423 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Rpld §265.08, amd §§265.09 & 70.02, Pen L; amd §410, Gen Bus L

2009-A423 (ACTIVE) - Summary

Provides for a mandatory five year period of imprisonment for persons convicted of committing any crime with the use of a firearm for a first offense and ten years for a second or subsequent offense.

2009-A423 (ACTIVE) - Sponsor Memo

2009-A423 (ACTIVE) - Bill Text download pdf

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

                                   423

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to crimes committed with  the
  use  of  a  firearm; to amend the general business law, the penal law,
  and the vehicle and traffic  law,  in  relation  to  making  technical
  corrections  thereto;  and  to  repeal section 265.08 of the penal law
  relating to crimes committed with the use of a firearm

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

  Section 1. Section 265.08 of the penal law is REPEALED.
  S 2. 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 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) 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 FOR A  FIRST  CONVICTION  an  additional  consecutive
sentence  of  five  years  AND  FOR A SECOND OR SUBSEQUENT CONVICTION AN
ADDITIONAL CONSECUTIVE SENTENCE OF TEN YEARS to the minimum term  of  an
indeterminate sentence imposed on the underlying [class B] violent felo-
ny  offense  where  the person convicted of such crime displays a loaded

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

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