Senate Bill S8418

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2010	referred to rules

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2009-S8418 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2169
2013-2014: S2180
2015-2016: S1459

2009-S8418 (ACTIVE) - 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.

2009-S8418 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8418

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 14, 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 n:linimum 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.

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 build-
ing 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 communities 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:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

2009-S8418 (ACTIVE) - Bill Text download pdf

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

                                  8418

                            I N  S E N A T E

                              June 30, 2010
                               ___________

Introduced  by Sens. GOLDEN, ALESI, BONACIC, DeFRANCISCO, FARLEY, FLANA-
  GAN, FUSCHILLO, GRIFFO, HANNON, O. JOHNSON,  LANZA,  LARKIN,  LAVALLE,
  LEIBELL,  LIBOUS,  LITTLE,  MARCELLINO,  MAZIARZ,  NOZZOLIO,  PADAVAN,
  RANZENHOFER, ROBACH, SALAND, SEWARD, SKELOS, VOLKER, WINNER, YOUNG  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Rules

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 CARTILAGE
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-

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

                                                           LBD17916-01-0

S. 8418                             2

UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE
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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Senate Bill S8418

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2009-S8418 (ACTIVE) - Details

2009-S8418 (ACTIVE) - Summary

2009-S8418 (ACTIVE) - Sponsor Memo

2009-S8418 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

2009-S8418 (ACTIVE) - Details

2009-S8418 (ACTIVE) - Summary

2009-S8418 (ACTIVE) - Sponsor Memo

2009-S8418 (ACTIVE) - Bill Text download pdf

Comments