senate Bill S2169A

2011-2012 Legislative Session

Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm

download bill text pdf

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 (10)
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.266
Feb 09, 2012 print number 2169a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jan 18, 2011 referred to codes

Co-Sponsors

view additional co-sponsors

S2169 - Details

See Assembly Version of this Bill:
A5897A
Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8418

S2169 - Summary

Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm where such offenses occur at the residence of a child under age of fourteen.

S2169 - Sponsor Memo

S2169 - Bill Text download pdf

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

                                  2169

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO, FUSCHILLO, HANNON, JOHNSON,
  LAVALLE, LITTLE, RANZENHOFER, SALAND -- read twice and ordered  print-
  ed, and when printed to be committed to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to enhanced sentencing for
  criminal possession of a weapon or criminal sale of  a  firearm,  when
  the crime is committed at the home of a child

  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 265.18  to
read as follows:
S 265.18 ADDITIONAL  SENTENCE  WHEN  CRIMINAL  POSSESSION OF A WEAPON OR
           CRIMINAL SALE OF A FIREARM IS COMMITTED  AT  THE  HOME  OF  A
           CHILD.
  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, WHEN A
PERSON IS CONVICTED OF CRIMINAL POSSESSION OF A  WEAPON  AS  DEFINED  IN
SECTIONS  265.04,  265.03  OR  265.02,  OR CRIMINAL SALE OF A FIREARM AS
DEFINED IN SECTIONS 265.16, 265.14, 265.13, 265.12, OR  265.11  OF  THIS
ARTICLE  AND THE TRIER OF FACT DETERMINES BEYOND A REASONABLE DOUBT THAT
THE CRIME WAS COMMITTED AT ANY DWELLING, MULTIPLE DWELLING OR  RESIDENCE
WHERE  A  CHILD  UNDER  THE  AGE OF FOURTEEN YEARS OLD IS DOMICILED, THE
COURT SHALL  IMPOSE  AN  ADDITIONAL  CONSECUTIVE  SENTENCE  OF  TWO  AND
ONE-HALF YEARS TO THE MINIMUM TERM OF A SENTENCE IMPOSED ON THE UNDERLY-
ING  FELONY  OFFENSE.  IF  THE  TRIER  OF  FACT ALSO DETERMINES BEYOND A
REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT SUCH RESIDENCE AND SUCH
CHILD OR ANOTHER CHILD UNDER THE AGE OF FOURTEEN YEARS OLD  WAS  PRESENT
AT THE DWELLING, MULTIPLE DWELLING OR RESIDENCE, OR WITHIN THE CARTILAGE
OF  SUCH,  AT  THE  TIME  OF THE COMMISSION OF THE CRIME, THE ADDITIONAL
CONSECUTIVE SENTENCE SHALL BE NO LESS THAN  FIVE  YEARS.  HOWEVER,  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 CHARAC-
TER OF THE DEFENDANT, FINDS ON THE RECORD THAT SUCH  ADDITIONAL  CONSEC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04287-01-1

Co-Sponsors

view additional co-sponsors

S2169A (ACTIVE) - Details

See Assembly Version of this Bill:
A5897A
Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8418

S2169A (ACTIVE) - Summary

Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm where such offenses occur at the residence of a child under age of fourteen.

S2169A (ACTIVE) - Sponsor Memo

S2169A (ACTIVE) - Bill Text download pdf

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

                                 2169--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  FUSCHILLO, GRIFFO, HANNON,
  JOHNSON,  LARKIN,  LAVALLE,  LITTLE,  MAZIARZ,  O'MARA,   RANZENHOFER,
  SALAND,  YOUNG  -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes -- 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, in relation to enhanced sentencing for
  criminal possession of a weapon or criminal sale of  a  firearm,  when
  the crime is committed at the home of a child

  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 265.18  to
read as follows:
S 265.18 ADDITIONAL  SENTENCE  WHEN  CRIMINAL  POSSESSION OF A WEAPON OR
           CRIMINAL SALE OF A FIREARM IS COMMITTED  AT  THE  HOME  OF  A
           CHILD.
  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, WHEN A
PERSON IS CONVICTED OF CRIMINAL POSSESSION OF A  WEAPON  AS  DEFINED  IN
SECTIONS  265.04,  265.03  OR  265.02,  OR CRIMINAL SALE OF A FIREARM AS
DEFINED IN SECTIONS 265.16, 265.14, 265.13, 265.12, OR  265.11  OF  THIS
ARTICLE  AND THE TRIER OF FACT DETERMINES BEYOND A REASONABLE DOUBT THAT
THE CRIME WAS COMMITTED AT ANY DWELLING, MULTIPLE DWELLING OR  RESIDENCE
WHERE  A  CHILD  UNDER  THE  AGE OF FOURTEEN YEARS OLD IS DOMICILED, THE
COURT SHALL  IMPOSE  AN  ADDITIONAL  CONSECUTIVE  SENTENCE  OF  TWO  AND
ONE-HALF YEARS TO THE MINIMUM TERM OF A SENTENCE IMPOSED ON THE UNDERLY-
ING  FELONY  OFFENSE.  IF  THE  TRIER  OF  FACT ALSO DETERMINES BEYOND A
REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT SUCH RESIDENCE AND SUCH
CHILD OR ANOTHER CHILD UNDER THE AGE OF FOURTEEN YEARS OLD  WAS  PRESENT
AT THE DWELLING, MULTIPLE DWELLING OR RESIDENCE, OR WITHIN THE CURTILAGE
OF  SUCH,  AT  THE  TIME  OF THE COMMISSION OF THE CRIME, THE ADDITIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04287-03-2

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