Assembly Bill A5446

2009-2010 Legislative Session

Imposes an additional 5 years of imprisonment for certain offenses

download bill text pdf

Sponsored By

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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2009-A5446 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §70.16, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7549
2013-2014: A5770
2015-2016: A3801
2017-2018: A3248

2009-A5446 (ACTIVE) - Summary

Imposes an additional 5 years of imprisonment for sale of controlled substances to a person under the age of 16 or for committing a felony with a loaded firearm, shotgun, rifle or machine-gun.

2009-A5446 (ACTIVE) - Bill Text download pdf 

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

                                  5446

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  McKEVITT,  WALKER, FINCH, ALFANO, McDONOUGH,
  GIGLIO, KOLB -- Multi-Sponsored  by  --  M.  of  A.  BACALLES,  BARRA,
  CROUCH, THIELE -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to imposing an additional
  term of imprisonment for the sale of a controlled substance  or  mari-
  huana to a person under the age of sixteen and for committing a felony
  while possessing a loaded 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 70.16  to
read as follows:
S 70.16 ADDITIONAL   TERM   OF   IMPRISONMENT  FOR  SALE  OF  CONTROLLED
          SUBSTANCES OR MARIHUANA TO A PERSON UNDER THE AGE  OF  SIXTEEN
          OR  COMMITTING  A  FELONY  WHILE  IN  POSSESSION  OF  A LOADED
          FIREARM, SHOTGUN, RIFLE OR MACHINE-GUN.
  NOTWITHSTANDING THE PROVISIONS OF SECTION 70.25 OF THIS  ARTICLE,  ANY
PERSON  WHO  IS  FOUND  GUILTY OF OR PLEADS GUILTY TO CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF
THIS CHAPTER, CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  IN  THE  FOURTH
DEGREE  AS DEFINED IN SECTION 220.34 OF THIS CHAPTER, CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
THIS CHAPTER, CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  IN  THE  SECOND
DEGREE  AS DEFINED IN SECTION 220.41 OF THIS CHAPTER, CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.43 OF
THIS CHAPTER, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR NEAR  SCHOOL
GROUNDS  AS  DEFINED IN SECTION 220.44 OF THIS CHAPTER, CRIMINAL SALE OF
MARIHUANA IN THE THIRD DEGREE AS DEFINED IN SECTION 221.45 OF THIS CHAP-
TER, CRIMINAL SALE OF MARIHUANA IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  221.50  OF  THIS  CHAPTER, OR CRIMINAL SALE OF MARIHUANA IN THE
FIRST DEGREE AS DEFINED IN SECTION 221.55 OF THIS CHAPTER  TO  A  PERSON
UNDER  THE  AGE OF SIXTEEN OR IS FOUND GUILTY OF OR PLEADS GUILTY TO ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09011-01-9

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