Senate Bill S929

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

                                   929

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

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

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to  offenses involving the criminal possession of a firearm,
  rifle, shotgun, or machine-gun and increasing the penalties  therefor,
  restricting  the ability to plea to lesser offenses, and providing for
  mandatory minimum sentences of imprisonment

  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 three new sections
265.45, 265.50 and 265.55 to read as follows:
S  265.45  CRIMINAL  POSSESSION  OF  A  FIREARM,  RIFLE,   SHOTGUN,   OR
           MACHINE-GUN IN THE THIRD DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOT-
GUN, OR MACHINE-GUN IN THE THIRD DEGREE WHEN, IN THE COURSE  OF  COMMIT-
TING  ANY CRIME OR ATTEMPTING TO COMMIT ANY SUCH CRIME, OR IN THE COURSE
AND FURTHERANCE OF IMMEDIATE FLIGHT AFTER COMMITTING  OR  ATTEMPTING  TO
COMMIT  ANY  CRIME,  HE  OR  SHE POSSESSES A FIREARM, RIFLE, SHOTGUN, OR
MACHINE-GUN.
  CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN,  OR  MACHINE-GUN  IN
THE THIRD DEGREE IS A CLASS C FELONY.
S   265.50   CRIMINAL  POSSESSION  OF  A  FIREARM,  RIFLE,  SHOTGUN,  OR
           MACHINE-GUN IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM,  RIFLE,  SHOT-
GUN,  OR MACHINE-GUN IN THE SECOND DEGREE WHEN, IN THE COURSE OF COMMIT-
TING ANY CRIME OR ATTEMPTING TO COMMIT ANY SUCH CRIME, OR IN THE  COURSE
OF  FURTHERANCE  OF  IMMEDIATE  FLIGHT AFTER COMMITTING OR ATTEMPTING TO
COMMIT ANY CRIME, HE OR SHE POSSESSES  A  FIREARM,  RIFLE,  SHOTGUN,  OR
MACHINE-GUN AND CAUSES PHYSICAL INJURY TO ANOTHER PERSON.
   CRIMINAL  POSSESSION  OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN IN
THE SECOND DEGREE IS A CLASS B FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06448-01-9
              

S. 929                              2

S  265.55  CRIMINAL  POSSESSION  OF  A  FIREARM,  RIFLE,   SHOTGUN,   OR
           MACHINE-GUN IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOT-
GUN, OR MACHINE-GUN IN THE FIRST DEGREE WHEN, IN THE COURSE  OF  COMMIT-
TING  ANY CRIME OR ATTEMPTING TO COMMIT ANY SUCH CRIME, OR IN THE COURSE
AND FURTHERANCE OF IMMEDIATE FLIGHT AFTER COMMITTING  OR  ATTEMPTING  TO
COMMIT  ANY  CRIME,  HE  OR  SHE POSSESSES A FIREARM, RIFLE, SHOTGUN, OR
MACHINE-GUN AND CAUSES THE DEATH OF ANOTHER PERSON.
  CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN,  OR  MACHINE-GUN  IN
THE FIRST DEGREE IS A CLASS A-II FELONY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 ADDITIONAL  TERM OF IMPRISONMENT FOR CRIMES INVOLVING THE CRIMI-
          NAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN.
  NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF SECTION 70.25  OF  THIS
ARTICLE, ANY PERSON WHO IS FOUND GUILTY OF OR PLEADS GUILTY TO:
  1.  CRIMINAL  POSSESSION OF A  FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN
IN THE THIRD DEGREE AS DEFINED IN SECTION 265.45 OF THIS CHAPTER  SHALL,
IN  LIEU  OF  THE  PENALTY  PRESCRIBED BY ANY OTHER PROVISION OF LAW, BE
SENTENCED TO A TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS;
  2. CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN IN
THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF THIS CHAPTER SHALL, IN
LIEU OF THE PENALTY  PRESCRIBED  BY  ANY  OTHER  PROVISION  OF  LAW,  BE
SENTENCED TO A TERM OF IMPRISONMENT OF NOT LESS THAN FIFTEEN YEARS; AND
  3. CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN IN
THE  FIRST  DEGREE AS DEFINED IN SECTION 265.55 OF THIS CHAPTER SHALL IN
LIEU OF THE PENALTY  PRESCRIBED  BY  ANY  OTHER  PROVISION  OF  LAW,  BE
SENTENCED TO A TERM OF IMPRISONMENT OF NOT LESS THAN TWENTY-FIVE YEARS.
  S  3.   The opening paragraph of subdivision 1 of section 70.25 of the
penal law, as amended by chapter 372 of the laws of 1981, is amended  to
read as follows:
  Except  as provided in subdivisions two, two-a [and], five, AND SIX of
this section, when multiple sentences of imprisonment are imposed  on  a
person  at the same time, or when a person who is subject to any undisc-
harged term of imprisonment imposed at a previous time  by  a  court  of
this  state  is  sentenced  to  an  additional term of imprisonment, the
sentence or sentences imposed by the court shall run either concurrently
or consecutively with respect to each other and the undischarged term or
terms in such manner as the court directs at the time  of  sentence.  If
the  court does not specify the manner in which a sentence imposed by it
is to run, the sentence shall run as follows:
  S 4. Subdivision 2 of section 70.25 of the penal law,  as  amended  by
chapter 56 of the laws of 1984, is amended to read as follows:
  2.  When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission,  or
through  an  act  or  omission  which  in  itself constituted one of the
offenses and also was a material element of the  other,  the  sentences,
except  if  one  or more of such sentences is for a violation of section
265.45, 265.50, 265.55, OR 270.20 of this chapter, must run  concurrent-
ly.
  S  5. Section 70.25 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. WHEN A PERSON IS CONVICTED OF CRIMINAL  POSSESSION  OF  A  FIREARM,
RIFLE, SHOTGUN, OR MACHINE-GUN IN THE THIRD DEGREE AS DEFINED IN SECTION
265.45  OF  THIS  CHAPTER,  OR  CRIMINAL POSSESSION OF A FIREARM, RIFLE,
SHOTGUN, OR MACHINE-GUN IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION

S. 929                              3

265.50  OF  THIS  CHAPTER,  OR  CRIMINAL POSSESSION OF A FIREARM, RIFLE,
SHOTGUN, OR MACHINE-GUN IN THE FIRST DEGREE AS DEFINED IN SECTION 265.55
OF THIS CHAPTER AND ANY OTHER CRIME, THE SENTENCES FOR SUCH CRIMES SHALL
RUN CONSECUTIVELY.
  S  6. Paragraph (a) of subdivision 5 of section 220.10 of the criminal
procedure law is amended by adding a new subparagraph (ii)  to  read  as
follows:
  (II)  WHERE  THE  INDICTMENT CHARGES THE CLASS A-II FELONY OF CRIMINAL
POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR  MACHINE-GUN  IN  THE  FIRST
DEGREE  AS  DEFINED IN SECTION 265.55 OF THE PENAL LAW, THEN ANY PLEA OF
GUILTY ENTERED PURSUANT TO SUBDIVISION THREE OR  FOUR  OF  THIS  SECTION
MUST  BE OR MUST INCLUDE AT LEAST A PLEA OF GUILTY TO A CLASS A-II FELO-
NY.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.