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Assembly Bill A4378

2009-2010 Legislative Session

Closes loophole by requiring additional consecutive sentence of five years where a determinate sentence is imposed for criminal use of a firearm in the first degree

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Archive: Last Bill Status - In Assembly Committee

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2009-A4378 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.09, Pen L

2009-A4378 (ACTIVE) - Summary

Provides that additional consecutive sentence of five years of imprisonment imposed upon conviction of criminal use of a firearm in the first degree shall be added to the minimum sentence of imprisonment imposed for the underlying class B felony offense, regardless of whether the sentence therefor was determinate or indeterminate.

2009-A4378 (ACTIVE) - Bill Text download pdf 

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

                                  4378

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M. of A. KOON, GUNTHER -- Multi-Sponsored by -- M. of A.
  ALFANO, BARRA, GREENE -- read once and referred to  the  Committee  on
  Codes

AN  ACT to amend the penal law, in relation to the minimum sentence upon
  conviction for the class B violent felony offense of criminal use of a
  firearm in the first degree

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

  Section  1. Subdivision 2 of section 265.09 of the penal law, as added
by chapter 650 of the laws of 1996, is amended to read as follows:
  (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 an additional consecutive sentence of  five  years  to  the
minimum  term of [an indeterminate] A sentence imposed on the underlying
class B violent felony offense where the person convicted of such  crime
displays a loaded weapon from which a shot, readily capable of producing
death  or  other serious injury may be discharged, in furtherance of the
commission of  such  crime,  provided,  however,  that  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 character  of  the
defendant, finds on the record that such additional consecutive sentence
would  be  unduly  harsh  and  that  not imposing such sentence would be
consistent with the public safety and would not deprecate  the  serious-
ness  of  the crime.   Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term imposed pursu-
ant to this subdivision and the  minimum  term  of  the  [indeterminate]
sentence  imposed on the underlying class B violent felony shall consti-
tute the new aggregate  minimum  term  of  imprisonment,  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  condi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02337-01-9

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