senate Bill S1407B

2011-2012 Legislative Session

Creates the offense of criminal use of a firearm in connection with a crime; repealer

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 21, 2012 referred to codes
delivered to assembly
passed senate
Mar 06, 2012 advanced to third reading
Mar 05, 2012 2nd report cal.
Mar 01, 2012 1st report cal.265
Feb 23, 2012 print number 1407b
amend and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 14, 2011 referred to codes
delivered to assembly
passed senate
Apr 11, 2011 amended on third reading 1407a
Mar 31, 2011 advanced to third reading
Mar 30, 2011 2nd report cal.
Mar 29, 2011 1st report cal.265
Jan 07, 2011 referred to codes

Co-Sponsors

view additional co-sponsors

S1407 - Details

See Assembly Version of this Bill:
A5904B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2110A

S1407 - Summary

Relates to criminal use of a firearm in the first degree.

S1407 - Sponsor Memo

S1407 - Bill Text download pdf

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

                                  1407

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  JOHNSON,  LARKIN, LAVALLE,
  MAZIARZ, SALAND -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes

AN ACT to amend the penal law, the  vehicle  and  traffic  law  and  the
  general  business law, in relation to criminal use of a firearm in the
  first degree and to repeal certain provisions of the penal law  relat-
  ing thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.09 of the penal law, as amended by chapter  650
of the laws of 1996, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when he OR SHE commits any [class B violent] felony  offense  [as
defined  in  paragraph  (a)  of subdivision one of section 70.02] and he
[either:
  (a) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b)]  OR  SHE  displays  what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (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] A consecutive sentence of five years to the
minimum term of [an indeterminate] THE sentence imposed on the  underly-
ing  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 further-
ance of the commission of such crime, provided, however, that such addi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04651-01-1

Co-Sponsors

view additional co-sponsors

S1407A - Details

See Assembly Version of this Bill:
A5904B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2110A

S1407A - Summary

Relates to criminal use of a firearm in the first degree.

S1407A - Sponsor Memo

S1407A - Bill Text download pdf

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

                                 1407--A
    Cal. No. 265

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO, GRIFFO, JOHNSON, LANZA, LARKIN,
  LAVALLE,  MAZIARZ,  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the penal law, the  vehicle  and  traffic  law  and  the
  general  business law, in relation to criminal use of a firearm in the
  first degree and to repeal certain provisions of the penal law  relat-
  ing thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.09 of the penal law, as amended by chapter  650
of the laws of 1996, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when he OR SHE commits any [class B violent] felony  offense  [as
defined  in  paragraph  (a)  of subdivision one of section 70.02] and he
[either:
  (a) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b)]  OR  SHE  displays  what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (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] A consecutive sentence of five years to the
minimum term of [an indeterminate] THE sentence imposed on the  underly-
ing  [class B violent] felony offense where the person convicted of such

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

Co-Sponsors

view additional co-sponsors

S1407B (ACTIVE) - Details

See Assembly Version of this Bill:
A5904B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2110A

S1407B (ACTIVE) - Summary

Relates to criminal use of a firearm in the first degree.

S1407B (ACTIVE) - Sponsor Memo

S1407B (ACTIVE) - Bill Text download pdf

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

                                 1407--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by Sens. GOLDEN, AVELLA, BONACIC, DeFRANCISCO, GRIFFO, JOHN-
  SON, LANZA, LARKIN, LAVALLE, MAZIARZ, SALAND -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law, the vehicle and traffic law and the
  general business law, in relation to criminal use of a firearm in  the
  first  degree and to repeal certain provisions of the penal law relat-
  ing thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 265.09 of the penal law, as amended by chapter 650
of the laws of 1996, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1) A person is guilty of criminal use  of  a  firearm  in  the  first
degree  when  he OR SHE commits any [class B violent] felony offense [as
defined in paragraph (a) of subdivision one of  section  70.02]  and  he
[either:
  (a)  possesses  a deadly weapon, if the weapon is a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b)] OR SHE displays what appears to be  a  pistol,  revolver,  rifle,
shotgun, machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04651-04-2

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