assembly Bill A2907

2011-2012 Legislative Session

Creates the crime of related use of a lethal or explosive device

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 21, 2011 referred to codes

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Multi-Sponsors

A2907 (ACTIVE) - Details

See Senate Version of this Bill:
S2694
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง265.07, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6495
2013-2014: A2190, S3268
2015-2016: A1514, S3054
2017-2018: A2724, S3358
2019-2020: A2645, S3984

A2907 (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.

A2907 (ACTIVE) - Bill Text download pdf

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

                                  2907

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

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.
                                                           LBD06943-01-1

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