Assembly Bill A1638

2013-2014 Legislative Session

Closes loophole by requiring additional consecutive sentence of five years where a determinate sentence is imposed for criminal use of a firearm in the first degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2013-A1638 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.09, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8480
2011-2012: A4813

2013-A1638 (ACTIVE) - Summary

Provides that additional consecutive sentence of five years of imprisonment imposed upon conviction of criminal use of a firearm in the first degree shall be added to the minimum sentence of imprisonment imposed for the underlying class B felony offense, regardless of whether the sentence therefor was determinate or indeterminate.

2013-A1638 (ACTIVE) - Bill Text download pdf 

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

                                  1638

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KOLB, REILICH, SALADINO, MONTESANO -- Multi-Spon-
  sored  by  --  M. of A.   BARCLAY, CROUCH, FINCH, FITZPATRICK, GIGLIO,
  JORDAN, McDONOUGH, OAKS,  RAIA,  TEDISCO,  TENNEY  --  read  once  and
  referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to the minimum sentence upon
  conviction for the class B violent felony offense of criminal use of a
  firearm in the first degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 2 of section 265.09 of the penal law, as added
by chapter 650 of the laws of 1996, is amended to read as follows:
  (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 consecutive sentence of  five  years  to  the
minimum  term of [an indeterminate] A sentence imposed on the underlying
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, in furtherance of the
commission of  such  crime,  provided,  however,  that  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 character  of  the
defendant, finds on the record that such additional consecutive sentence
would  be  unduly  harsh  and  that  not imposing such sentence would be
consistent with the public safety and would not deprecate  the  serious-
ness  of  the crime.   Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term imposed pursu-
ant to this subdivision and the  minimum  term  of  the  [indeterminate]
sentence  imposed on the underlying class B violent felony shall consti-
tute the new aggregate  minimum  term  of  imprisonment,  and  a  person

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.