|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Mar 06, 2009||referred to codes|
assembly Bill A6495
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A6495 (ACTIVE) - Details
A6495 (ACTIVE) - Summary
Creates the crime of related used of a lethal or explosive device; provides for additional 7 years imprisonment for certain crimes where a lethal or explosive is used and; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.
A6495 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6495 2009-2010 Regular Sessions I N A S S E M B L Y March 6, 2009 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the related use of a lethal or explosive device 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 265.07 to read as follows: S 265.07 RELATED USE OF LETHAL OR EXPLOSIVE DEVICE. 1. A PERSON IS GUILTY OF RELATED USE OF A LETHAL OR EXPLOSIVE DEVICE WHEN HE OR SHE COMMITS ANY OFFENSE WHILE IN POSSESSION OF A LETHAL OR EXPLOSIVE DEVICE. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON CONVICTED OF RELATED USE OF A LETHAL OR EXPLOSIVE DEVICE SHALL, IN ADDITION TO THE PUNISHMENT PROVIDED FOR THE RELATED OR UNDERLYING OFFENSE, BE SENTENCED TO A DETERMINATE TERM OF IMPRISONMENT FOR SEVEN YEARS, AND THE TERM OF IMPRISONMENT IMPOSED PURSUANT TO THIS SECTION SHALL NOT RUN CONCURRENTLY WITH ANY OTHER TERM OF IMPRISONMENT INCLUDING THAT IMPOSED FOR THE RELATED OR UNDERLYING CRIME. 3. ANY SUCH NON-CONCURRENT TERM REQUIRED TO BE IMPOSED PURSUANT TO THIS SECTION SHALL, HOWEVER, NOT BE IMPOSED IF: (A) THE DEFENDANT, WITHIN SIXTY DAYS OF THE DATE OF ARRAIGNMENT ON THE INDICTMENT OR SUPERIOR COURT INFORMATION, WHICH SIXTY DAY PERIOD MAY BE EXTENDED IN THE DISCRETION OF THE DISTRICT ATTORNEY, SHALL TRUTHFULLY TO THE SATISFACTION OF THE COURT PROVIDE THE DISTRICT ATTORNEY WITH ALL THE INFORMATION THE DEFENDANT HAS CONCERNING THE SOURCE OR SOURCES OF THE LETHAL OR EXPLOSIVE DEVICE; AND (B) THE USE OF SUCH LETHAL OR EXPLOSIVE DEVICE HAS NOT RESULTED IN DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON WHO WAS NOT A PARTIC- IPANT IN THE OFFENSE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08921-01-9
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