NY State Senate Bill S2169A

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
Feb 09, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Jan 18, 2011	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S2169 - Details

See Assembly Version of this Bill:: A5897
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8418
2013-2014: S2180, A2098
2015-2016: S1459, A5572

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

BILL NUMBER:S2169

TITLE OF BILL:

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

PURPOSE:

The purpose of this bill is to target criminals who possess and sell
firearms in residences that also serve as the home of children under
the age of fourteen.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section, 265.18, to the Penal Law that provides
for an additional sentence when weapons are illegally possessed or
firearms are illegally sold in a home that is also the dwelling of
a child under the age of fourteen or in the presence of such child.

The bill provides that when a person is convicted of criminal
possession of a weapon in the first degree (Penal Law §265.04),
second degree (Penal Law §265.03) or third degree (§265.02), and such
crime was committed at a place which is the dwelling or residence of

a child under age 14, a consecutive sentence of two and a half years
is added on to the minimum sentence. If this crime is committed in
the presence of a child under age 14, the enhanced consecutive
sentence is five years. Any person convicted under these provisions
will not be eligible for parole until the n:linimum sentence and the
enhanced sentence is served.

Criminal possession of a weapon in the fourth degree (§265.01) is
intentionally excluded because it is a misdemeanor and the purpose of
the bill is to target felons.

The enhanced sentencing provisions also apply to the criminal sale of
a firearm in the first through third degree (Penal Law §265.14,
§265.13, §265.12 and §265.11) and criminal sale of a firearm to a
minor (Penal Law §265.16). All of the firearms sales crimes are also
felonies.

JUSTIFICATION:

The purpose of this bill is to target criminals who possess and sell
firearms in residences that also serve as the home of children under
the age of fourteen. In many instances, these individuals are also
dealing or using drugs in a dwelling that is located in a large
apartment building or housing complex. Often, young children either
live in or around these dwellings. The activities of these criminals
puts not only the children, but all of the law abiding citizens in
these communities at grave risk of injury or death.

This Legislation provides a solution that can be immediately
implemented. The enhanced sentencing provided in this bill is
designed to make the lives of drug dealers and other kinds of


gangsters miserable to the point where it is no longer in their best
interest to dwell in and terrorize these communities.

LEGISLATIVE HISTORY:

S.8418 of 2010, Referred to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of November next succeeding the date it becomes law.

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

S. 2169                             2

UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE
WOULD  BE  CONSISTENT WITH THE PUBLIC SAFETY AND WOULD NOT DEPRECATE THE
SERIOUSNESS OF THE CRIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO
THE  CONTRARY, THE AGGREGATE OF THE CONSECUTIVE TERM IMPOSED PURSUANT TO
THIS SECTION AND THE MINIMUM TERM OF THE SENTENCE IMPOSED ON THE  UNDER-
LYING  FELONY  SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM OF IMPRI-
SONMENT, AND A PERSON SUBJECT TO SUCH TERM SHALL BE  REQUIRED  TO  SERVE
THE  ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE
ON PAROLE OR CONDITIONAL RELEASE DURING SUCH TERM.
  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.

Co-Sponsors

view additional co-sponsors

S2169A (ACTIVE) - Details

See Assembly Version of this Bill:: A5897
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8418
2013-2014: S2180, A2098
2015-2016: S1459, A5572

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

BILL NUMBER:S2169A

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to target criminals who possess and sell
firearms in residences that also serve as the home of children under
the age of fourteen.

SUMMARY OF PROVISIONS:
Section 1. Adds a new section, 265.18, to the Penal Law that provides
for an additional sentence when weapons are illegally possessed or
firearms are illegally sold in a home that is also the dwelling of a
child under the age of fourteen or in the presence of such child.

The bill provides that when a person is convicted of criminal
possession of a weapon in the first degree (Penal Law §265.04),
second degree (Penal Law §265.03) or third degree (§265.02), and such
crime was committed at a place which is the dwelling or residence of
a child under age 14, a consecutive sentence of two and a half years
is added on to the minimum sentence. If this crime is committed in
the presence of a child under age 14, the enhanced consecutive

sentence is five years. Any person convicted under these provisions
will not be eligible for parole until the minimum sentence and the
enhanced sentence is served.

Criminal possession of a weapon in the fourth degree (§265.01) is
intentionally excluded because it is a misdemeanor and the purpose of
the bill is to target felons.

The enhanced sentencing provisions also apply to the criminal sale of
a firearm in the first through third degree (Penal Law §265.14,
§265.13, §265.12 and §265.11) and criminal sale of a firearm to a
minor (Penal Law §265.16). All of the firearms sales crimes are
also felonies.

JUSTIFICATION:
The purpose of this bill is to target criminals who possess and sell
firearms in residences that also serve as the home of children under
the age of fourteen. In many instances, these individuals are also
dealing or using drugs in a dwelling that is located in a large
apartment building or housing complex. Often, young children either
live in or around these dwellings. The activities of these criminals
puts not only the children, but all of the law abiding citizens in
these communities at grave risk of injury or death.

This Legislation provides a solution that can be immediately
implemented. The enhanced sentencing provided in this bill is
designed to make the lives of drug dealers and other kinds of
gangsters miserable to the point where it is no longer in their best
interest to dwell in and terrorize these communities.


LEGISLATIVE HISTORY:
S.8418 of 2010, Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date it becomes law.

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

S. 2169--A                          2

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-
UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE
WOULD BE CONSISTENT WITH THE PUBLIC SAFETY AND WOULD NOT  DEPRECATE  THE
SERIOUSNESS  OF THE CRIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THE AGGREGATE OF THE CONSECUTIVE TERM IMPOSED PURSUANT  TO
THIS  SECTION AND THE MINIMUM TERM OF THE SENTENCE IMPOSED ON THE UNDER-
LYING FELONY SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM  OF  IMPRI-
SONMENT,  AND  A  PERSON SUBJECT TO SUCH TERM SHALL BE REQUIRED TO SERVE
THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE ELIGIBLE FOR  RELEASE
ON PAROLE OR CONDITIONAL RELEASE DURING SUCH TERM.
  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.

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The New York State Senate

senate Bill S2169A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2012 - floor Vote

Floor Vote: Mar 21, 2012

Mar 1, 2012 - Codes committee Vote

Codes Committee Vote: Mar 1, 2012

Bill Amendments

Co-Sponsors

S2169 - Details

S2169 - Summary

S2169 - Sponsor Memo

S2169 - Bill Text download pdf

Co-Sponsors

S2169A (ACTIVE) - Details

S2169A (ACTIVE) - Summary

S2169A (ACTIVE) - Sponsor Memo

S2169A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2169A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2012 - floor Vote

Floor Vote: Mar 21, 2012

Mar 1, 2012 - Codes committee Vote

Codes Committee Vote: Mar 1, 2012

Bill Amendments

Co-Sponsors

S2169 - Details

S2169 - Summary

S2169 - Sponsor Memo

S2169 - Bill Text download pdf

Co-Sponsors

S2169A (ACTIVE) - Details

S2169A (ACTIVE) - Summary

S2169A (ACTIVE) - Sponsor Memo

S2169A (ACTIVE) - Bill Text download pdf

Comments