senate Bill S2180

2013-2014 Legislative Session

Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
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.
Feb 27, 2014 1st report cal.209
Jan 08, 2014 referred to codes
Jun 21, 2013 recommitted to rules
Apr 22, 2013 ordered to third reading cal.386
reported and committed to rules
Jan 14, 2013 referred to codes

Votes

view votes

Feb 27, 2014 - Codes committee Vote

S2180
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 22, 2013 - Codes committee Vote

S2180
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 22, 2013 - Rules committee Vote

S2180
22
1
committee
22
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S2180 - Details

See Assembly Version of this Bill:
A2098
Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2169A, A5897A
2009-2010: S8418

S2180 - Summary

Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm where such offenses occur at the residence of a child under age of fourteen.

S2180 - Sponsor Memo

S2180 - Bill Text download pdf

                    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

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