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Assembly Bill A1784

2009-2010 Legislative Session

Provides additional minimum sentence for conviction of crimes committed while possessing a firearm

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Archive: Last Bill Status - In Assembly Committee

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2009-A1784 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง70.11, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A2871

2009-A1784 (ACTIVE) - Summary

Provides additional minimum sentences of imprisonment of five years for certain armed felony offenses and provides that such addition is to be an increase of any minimum term otherwise imposed and shall run consecutively with any other minimum term.

2009-A1784 (ACTIVE) - Bill Text download pdf 

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

                                  1784

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. CALHOUN, CROUCH, TOWNSEND -- Multi-Sponsored by
  -- M. of A. BACALLES, CONTE, FINCH, TEDISCO -- read once and  referred
  to the Committee on Codes

AN  ACT  to amend the penal law, in relation to certain crimes committed
  with a firearm

  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 70.11 to
read as follows:
S 70.11 ADDITIONAL MINIMUM SENTENCE OF  IMPRISONMENT  FOR  ARMED  FELONY
          OFFENSE.
  IN ADDITION TO ANY SENTENCE IMPOSED BY THE COURT FOR THE COMMISSION OF
AN  ARMED  FELONY OFFENSE AS DEFINED IN SUBDIVISION FORTY-ONE OF SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, THE COURT SHALL IMPOSE AN ADDITIONAL
MINIMUM TERM OF IMPRISONMENT AS FOLLOWS:
  1. FOR A CLASS B ARMED FELONY OFFENSE, FIVE YEARS;
  2. FOR A CLASS C ARMED FELONY OFFENSE, FIVE YEARS;
  3. FOR A CLASS D  FELONY  OFFENSE,  EXCEPT  THE  OFFENSE  OF  CRIMINAL
POSSESSION  OF  A  WEAPON  IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION
FIVE OF SECTION 265.02, FIVE YEARS.
  ANY SENTENCE IMPOSED PURSUANT TO THIS SECTION SHALL BE DEEMED TO BE AN
INCREASE OF ANY MINIMUM TERM OF  IMPRISONMENT  OTHERWISE  IMPOSED.  SUCH
ADDITIONAL  TERM  SHALL RUN CONSECUTIVELY WITH ANY OTHER MINIMUM TERM OF
IMPRISONMENT AND SHALL NOT BE REDUCED PURSUANT  TO  SUBDIVISION  ONE  OR
FOUR  OF  SECTION 70.30. ANY PERSON SERVING A MINIMUM SENTENCE INCREASED
BY THIS SECTION SHALL NOT BE RELEASED PURSUANT TO  SECTION  70.40  UNTIL
SUCH MINIMUM SENTENCE SHALL HAVE BEEN SERVED.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02261-01-9

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