Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 18, 2010 |
held for consideration in codes |
Jan 06, 2010 |
referred to codes |
May 21, 2009 |
referred to codes |
Assembly Bill A8480
2009-2010 Legislative Session
Sponsored By
KOLB
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
Actions
co-Sponsors
David Townsend
Joseph Errigo
Bill Reilich
Joseph Saladino
multi-Sponsors
Thomas Alfano
James Bacalles
William A. Barclay
Robert Barra
2009-A8480 (ACTIVE) - Details
2009-A8480 (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-A8480 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8480 2009-2010 Regular Sessions I N A S S E M B L Y May 21, 2009 ___________ Introduced by M. of A. KOLB, TOWNSEND, ERRIGO, REILICH, SALADINO -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BARCLAY, BARRA, BURLING, CALHOUN, CONTE, CROUCH, FINCH, FITZPATRICK, GIGLIO, JORDAN, McDONOUGH, OAKS, O'MARA, RAIA, TEDISCO, WALKER -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02337-02-9
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