Assembly Bill A7582

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

                                  7582

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M. of A. KATZ -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal  law,  in  relation  to  strengthening  prison
  sentences for illegal gun possession

  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  70.17  to
read as follows:
S 70.17 MANDATORY   MINIMUM   SENTENCES   OF   IMPRISONMENT   AND   BAIL
          RESTRICTIONS FOR UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM.
  1. ANY INDIVIDUAL WITH A PRIOR CONVICTION FOR A VIOLENT FELONY  PURSU-
ANT  TO SECTION 70.02 OF THIS ARTICLE WHO IS SUBSEQUENTLY OR CONTEMPORA-
NEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM  PURSUANT
TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A TERM OF IMPRISONMENT NOT
LESS  THAN  FIVE  YEARS AND SHALL NOT BE ELIGIBLE FOR PAROLE PURSUANT TO
SECTION 70.40 OF THIS ARTICLE. SUCH SENTENCE SHALL  RUN  CONSECUTIVE  TO
ANY OTHER SENTENCE OF IMPRISONMENT.
  2.  ANY  INDIVIDUAL  CONVICTED  OF CRIMINAL POSSESSION OF A FIREARM ON
SCHOOL PROPERTY PURSUANT TO SECTION 265.06-A  OF  THIS  CHAPTER  WHO  IS
SUBSEQUENTLY OR CONTEMPORANEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN
ILLEGAL FIREARM PURSUANT TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A
TERM  OF IMPRISONMENT NOT LESS THAN FIVE YEARS AND SHALL NOT BE ELIGIBLE
FOR PAROLE PURSUANT TO SECTION 70.40  OF  THIS  ARTICLE.  SUCH  SENTENCE
SHALL RUN CONSECUTIVE TO ANY OTHER SENTENCE OF IMPRISONMENT.
  3.  ANY INDIVIDUAL WITH A PRIOR CONVICTION FOR POSSESSION OF MORE THAN
SIXTEEN OUNCES OF MARIJUANA, COCAINE OR HEROIN UNDER ARTICLE TWO HUNDRED
TWENTY-ONE OR TWO HUNDRED TWENTY OF THIS CHAPTER WHO IS SUBSEQUENTLY  OR
CONTEMPORANEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM
PURSUANT  TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A TERM OF IMPRI-
SONMENT NOT LESS THAN FIVE YEARS AND SHALL NOT BE  ELIGIBLE  FOR  PAROLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09549-01-3

              

A. 7582                             2

PURSUANT  TO  SECTION  70.40  OF  THIS  ARTICLE. SUCH SENTENCE SHALL RUN
CONSECUTIVE TO ANY OTHER SENTENCE OF IMPRISONMENT.
  S  2.  The penal law is amended by adding a new section 265.07 to read
as follows:
S 265.07 UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM.
  AN INDIVIDUAL IS GUILTY OF UNLAWFUL POSSESSION OF AN  ILLEGAL  FIREARM
WHEN THEY POSSESS A FIREARM WHICH IS NOT DULY LICENSED THROUGH AN APPRO-
PRIATE  LICENSING  AUTHORITY  OR  POSSESS ANY FIREARM WHICH IS OTHERWISE
PROHIBITED BY STATE LAW.
  UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM IS A VIOLATION.
  S 3. The penal law is amended by adding a new section 265.06-a to read
as follows:
S 265.06-A CRIMINAL POSSESSION OF A FIREARM ON SCHOOL PROPERTY.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM ON SCHOOL PROP-
ERTY WHEN SUCH PERSON:
  1. CARRIES A FIREARM ONTO SCHOOL PROPERTY WITH THE INTENT OF FIRING OR
DISCHARGING IT, OR
  2. DISPLAYS SUCH FIREARM IN A THREATENING MANNER.
  CRIMINAL POSSESSION OF A FIREARM ON SCHOOL PROPERTY IS A CLASS C FELO-
NY.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.