Senate Bill S2180

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

                                  2180

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, 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 CURTILAGE
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-
UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03182-01-3
              

S. 2180                             2

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.