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Assembly Bill A7177

2013-2014 Legislative Session

Affirmative defense for criminal possession of a weapon where the weapon is a gravity knife and the person did not intend to use it unlawfully

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Archive: Last Bill Status - In Assembly Committee

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2013-A7177 (ACTIVE) - Details

See Senate Version of this Bill:
S5650
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.15, Pen L

2013-A7177 (ACTIVE) - Summary

Provides an affirmative defense for criminal possession of a weapon where the weapon is a gravity knife and the person did not intend to use it unlawfully.

2013-A7177 (ACTIVE) - Bill Text download pdf 

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

                                  7177

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2013
                               ___________

Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to an affirmative defense  to
  criminal possession of a gravity knife

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

  Section 1. The section heading of section 265.15 of the penal  law  is
amended and a new subdivision 7 is added to read as follows:
  Presumptions  of  possession, unlawful intent and defacement; AFFIRMA-
TIVE DEFENSE.
  7.  IT IS AN AFFIRMATIVE DEFENSE TO CRIMINAL POSSESSION OF A WEAPON AS
PROVIDED IN SUBDIVISION ONE OF SECTION 265.01 OF THIS ARTICLE OR  SUBDI-
VISION  ONE OF SECTION 265.02 OF THIS ARTICLE WHERE THE WEAPON POSSESSED
IS A GRAVITY KNIFE AND WHERE THE PERSON DID NOT INTEND TO USE IT  UNLAW-
FULLY.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply  to  all  pending  trials  where  jury
deliberations have not yet commenced.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09839-01-3

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