| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 20, 2014 |
committed to rules |
| Mar 04, 2014 |
advanced to third reading |
| Mar 03, 2014 |
2nd report cal. amended 2237d |
| Feb 27, 2014 |
1st report cal.210 |
| Jan 08, 2014 |
referred to codes |
| Nov 25, 2013 |
print number 2237c |
| Nov 25, 2013 |
amend and recommit to rules |
| Jun 21, 2013 |
recommitted to rules |
| Apr 23, 2013 |
amended on third reading 2237b |
| Apr 22, 2013 |
ordered to third reading cal.387 reported and committed to rules |
| Feb 11, 2013 |
print number 2237a |
| Feb 11, 2013 |
amend and recommit to codes |
| Jan 15, 2013 |
referred to codes |
Senate Bill S2237A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
Bill Amendments
co-Sponsors
(D) Senate District
2013-S2237 - Details
- Current Committee:
- Senate Rules
- 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 Other Legislative Sessions:
-
2009-2010:
S2110
2011-2012: S1407
2015-2016: S784
2017-2018: S810
2013-S2237 - Sponsor Memo
BILL NUMBER:S2237
TITLE OF BILL: 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 relating thereto
PURPOSE: The purpose of this bill is to provide stiffer sentences to
criminals who use firearms to commit felonies.
SUMMARY OF PROVISIONS:
Section one amends the definition of criminal use of a firearm in the
first degree to include displaying a firearm in the commission of any
felony as opposed to just class B violent felonies.
Section two repeals criminal use of a firearm in the second degree (a
class C felony), this effectively upgrades all instances of criminal
use of a firearm to class B violent felonies.
Section three is technical and updates the cross references in law.
EXISTING LAW: The sentencing provisions contained in Subdivision 2 of
Penal Law
Section 265.09 currently apply only where the defendant displays an
2013-S2237 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2237
2013-2014 Regular Sessions
I N S E N A T E
January 15, 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, 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,] WHAT APPEARS
TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM
in furtherance of the commission of such crime, provided, however, that
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03184-01-3
co-Sponsors
(D) Senate District
2013-S2237A - Details
- Current Committee:
- Senate Rules
- 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 Other Legislative Sessions:
-
2009-2010:
S2110
2011-2012: S1407
2015-2016: S784
2017-2018: S810
2013-S2237A - Sponsor Memo
BILL NUMBER:S2237A
TITLE OF BILL: 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 relating thereto
PURPOSE: The purpose of this bill is to provide stiffer sentences to
criminals who use firearms to commit felonies.
SUMMARY OF PROVISIONS: The amendment to this bill makes changes to
conform the bill to the New York SAFE Act.
Section one amends section 265.09 of the Penal Law to provide that a
person is guilty of the crime of criminal use of a firearm in the first
degree when he or she displays what appears to be a firearm; it elimi-
nates language providing that a person is so guilty if he or she alter-
natively displays what appears to be a firearm, or possesses a deadly
weapon. This section also makes conforming amendments to the sentencing
provisions of Penal Law section 265.09.
Section two repeals Penal Law section 265.08, criminal use of a firearm
in the second degree, which effectively upgrades all instances of crimi-
nal use of a firearm to class B violent felonies,
Section three through five are technical and update certain cross-refer-
2013-S2237A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2237--A
2013-2014 Regular Sessions
I N S E N A T E
January 15, 2013
___________
Introduced by Sens. GOLDEN, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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
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,] WHAT APPEARS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03184-02-3
co-Sponsors
(D) Senate District
2013-S2237B - Details
- Current Committee:
- Senate Rules
- 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 Other Legislative Sessions:
-
2009-2010:
S2110
2011-2012: S1407
2015-2016: S784
2017-2018: S810
2013-S2237B - Sponsor Memo
BILL NUMBER:S2237B
TITLE OF BILL: 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 relating thereto
PURPOSE: The purpose of this bill is to provide stiffer sentences to
criminals who use firearms to commit felonies.
SUMMARY OF PROVISIONS: The amendment to this bill makes changes to
conform the bill to the New York SAFE Act.
Section one amends section 265.09 of the Penal Law to provide that a
person is guilty of the crime of criminal use of a firearm in the
first degree when he or she displays what appears to be a pistol,
revolver, rifle, shotgun, machine gun or other firearm; it eliminates
language Providing that a Person is so Guilty if he or she
alternatively displays what appears to be a firearm, or possesses a
deadly weapon. This section also makes conforming amendments to the
sentencing provisions of Penal Law section 265.09.
Section two repeals Penal Law section 265.08, criminal use of a
firearm in the second degree, which effectively upgrades all instances
of criminal use of a firearm to class 3 violent felonies,
2013-S2237B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2237--B
Cal. No. 387
2013-2014 Regular Sessions
I N S E N A T E
January 15, 2013
___________
Introduced by Sens. GOLDEN, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported favorably from said committee and
committed to the Committee on Rules -- reported favorably from said
committee to 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, subdivision 2 as amended by chapter 1 of the laws
of 2013, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
co-Sponsors
(D) Senate District
2013-S2237C - Details
- Current Committee:
- Senate Rules
- 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 Other Legislative Sessions:
-
2009-2010:
S2110
2011-2012: S1407
2015-2016: S784
2017-2018: S810
2013-S2237C - Sponsor Memo
BILL NUMBER:S2237C
TITLE OF BILL: 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 relating thereto
PURPOSE:
The purpose of this bill is to provide stiffer sentences to criminals
who use firearms to commit felonies.
SUMMARY OF PROVISIONS:
The amendment to this bill makes changes to conform the bill to the
New York SAFE Act.
Section one amends section 265.09 of the Penal Law to provide that a
person is guilty of the crime of criminal use of a firearm in the
first degree when he or she displays what appears to be a Pistol,
revolver, rifle, shotgun, machine gun or other firearm; it eliminates
language Providing that a Person is so Guilty if he or she
alternatively displays whet appears to be a firearm, or possesses a
deadly weapon. This section also makes conforming amendments to the
sentencing provisions of Penal Law section 265.09.
2013-S2237C - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2237--C
Cal. No. 387
2013-2014 Regular Sessions
I N S E N A T E
January 15, 2013
___________
Introduced by Sens. GOLDEN, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported favorably from said committee and
committed to the Committee on Rules -- reported favorably from said
committee to third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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, subdivision 2 as amended by chapter 1 of the laws
of 2013, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
co-Sponsors
(D) Senate District
2013-S2237D (ACTIVE) - Details
- Current Committee:
- Senate Rules
- 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 Other Legislative Sessions:
-
2009-2010:
S2110
2011-2012: S1407
2015-2016: S784
2017-2018: S810
2013-S2237D (ACTIVE) - Sponsor Memo
BILL NUMBER:S2237D
TITLE OF BILL: 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 relating thereto
PURPOSE: The purpose of this bill is to provide stiffer sentences to
criminals who use firearms to commit felonies.
SUMMARY OF PROVISIONS: The amendment to this bill makes changes to
conform the bill to the New York SAFE Act.
Section one amends section 265.09 of the Penal Law to include that a
person is guilty of the crime of criminal use of a firearm in the
first degree when he or she displays what appears to be a Pistol,
revolver, rifle, shotgun, machine gun or other firearm and provides
sentencing guidelines for such crime. This section also makes
conforming amendments to the sentencing provisions of Penal Law
section 265.09.
Section two repeals Penal Law section 265.08, criminal use of a
firearm in the second degree, which effectively upgrades all instances
of criminal use of a firearm to class 3 violent felonies.
Section three through five are technical and update certain
2013-S2237D (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2237--D
Cal. No. 210
2013-2014 Regular Sessions
I N S E N A T E
January 15, 2013
___________
Introduced by Sens. GOLDEN, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported favorably from said committee and
committed to the Committee on Rules -- reported favorably from said
committee to third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Codes in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
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, subdivision 2 as amended by chapter 1 of the laws
of 2013, 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 OR
SHE 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) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
Comments
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