NY State Senate Bill 2009-S4707

Senate Bill S4707

2009-2010 Legislative Session

Imposes mandatory prison sentence for the use or display of a firearm or rifle when committing a violent felony

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S4707 (ACTIVE) - Details

See Assembly Version of this Bill:: A2889
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §70.16, Pen L

2009-S4707 (ACTIVE) - Summary

Provides that any person convicted of using or attempting to use a firearm or rifle in commission of any violent felony offense shall be sentenced to an additional term of imprisonment of 3 years for a first conviction and 6 years for a second or subsequent conviction; prohibits sentence of conditional or unconditional discharge or period of probation; mandates sentences to be served consecutively.

2009-S4707 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4707

 TITLE OF BILL :

An act to amend the penal law, in relation to imposing a mandatory
prison sentence for the use or display of a firearm or rifle in the
commission of a violent felony offense


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would provide for an additional term of imprisonment for the
display of a firearm in the furtherance of a violent felony offense.

 SUMMARY OF SPECIFIC PROVISIONS :

Specifically, this bill would amend the penal law, to provide for
additional term of imprisonment for three years for the first
conviction, and six years for a second or subsequent conviction, if a
person uses, attempts to use, or displays in a threatening manner, a
firearm or rifle in the course or furtherance of any violent felony
offense.

This additional term would carry a mandatory sentence that may not be
suspended nor discounted to probation.

 JUSTIFICATION :

There is little question that the proliferation and use of handguns
and rifles in criminal attacks has led to a vast increase in the level
of violence and harm to the citizens of New York.

New York, as a state, should declare as a matter of public policy, as
have other states, that the use of such firearms to further a violent
felony offense, is in itself so abhorrent, dangerous and harmful, that
such an act should constitute a separate criminal offense.

If convicted of this separate, additional crime, such offense should
not be permitted to be merged into any other offense by way of a
concurrent sentence imposed by the court. Furthermore, such sentence
should be mandatory and, therefore, probation and suspended sentences
should not be permissible.

This bill would add these important changes into law.

 PRIOR LEGISLATIVE HISTORY :

2008 - S.1943 Referred to Codes Committee

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act would take effect the first of September next succeeding the
date on which it shall become a law.

2009-S4707 (ACTIVE) - Bill Text download pdf

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

                                  4707

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to imposing a mandatory pris-
  on sentence for the use or display  of  a  firearm  or  rifle  in  the
  commission of a violent felony offense

  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 SENTENCES OF IMPRISONMENT FOR THE USE OR DISPLAY OF A FIREARM OR
          RIFLE IN COMMITTING A VIOLENT FELONY OFFENSE.
  NOTWITHSTANDING  THE PROVISIONS OF ANY LAW TO THE CONTRARY, ANY PERSON
CONVICTED OF THE USE OR ATTEMPT TO USE ANY  FIREARM  OR  RIFLE,  OR  THE
DISPLAY  OF SUCH FIREARM OR RIFLE IN A THREATENING MANNER, IN THE COURSE
OF, OR IN FURTHERANCE OF ANY VIOLENT FELONY OFFENSE AS DEFINED IN SUBDI-
VISION ONE OF SECTION 70.02 OF THIS ARTICLE, SHALL BE  SENTENCED  TO  AN
ADDITIONAL  TERM  OF  IMPRISONMENT OF THREE YEARS FOR A FIRST CONVICTION
AND FOR A TERM OF SIX YEARS FOR A SECOND OR SUBSEQUENT CONVICTION.  UPON
SUCH  CONVICTION, OR SECOND OR SUBSEQUENT CONVICTION, THE COURT SHALL BE
PROHIBITED FROM IMPOSING A SENTENCE OF CONDITIONAL DISCHARGE, OR  UNCON-
DITIONAL DISCHARGE, NOR SHALL THE COURT SENTENCE A PERSON TO A PERIOD OF
PROBATION UPON SUCH CONVICTION. SUCH SENTENCE SHALL RUN CONSECUTIVELY TO
ANY SENTENCE IMPOSED BY THE COURT FOR THE COMMISSION OF ANY SUCH VIOLENT
FELONY OFFENSE.
  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.
                                                           LBD01621-01-9

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