S T A T E O F N E W Y O R K
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3801
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. McKEVITT, GRAF, GARBARINO, RAIA, KOLB -- Multi-
Sponsored by -- M. of A. McDONOUGH -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to imposing an additional
term of imprisonment for the sale of a controlled substance or mari-
huana to a person under the age of sixteen and for committing a felony
while possessing a loaded firearm
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 70.16 to
read as follows:
S 70.16 ADDITIONAL TERM OF IMPRISONMENT FOR SALE OF CONTROLLED
SUBSTANCES OR MARIHUANA TO A PERSON UNDER THE AGE OF SIXTEEN
OR COMMITTING A FELONY WHILE IN POSSESSION OF A LOADED
FIREARM, SHOTGUN, RIFLE OR MACHINE-GUN.
NOTWITHSTANDING THE PROVISIONS OF SECTION 70.25 OF THIS ARTICLE, ANY
PERSON WHO IS FOUND GUILTY OF OR PLEADS GUILTY TO CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF
THIS CHAPTER, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH
DEGREE AS DEFINED IN SECTION 220.34 OF THIS CHAPTER, CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
THIS CHAPTER, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
DEGREE AS DEFINED IN SECTION 220.41 OF THIS CHAPTER, CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.43 OF
THIS CHAPTER, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR NEAR SCHOOL
GROUNDS AS DEFINED IN SECTION 220.44 OF THIS CHAPTER, CRIMINAL SALE OF
MARIHUANA IN THE THIRD DEGREE AS DEFINED IN SECTION 221.45 OF THIS CHAP-
TER, CRIMINAL SALE OF MARIHUANA IN THE SECOND DEGREE AS DEFINED IN
SECTION 221.50 OF THIS CHAPTER, OR CRIMINAL SALE OF MARIHUANA IN THE
FIRST DEGREE AS DEFINED IN SECTION 221.55 OF THIS CHAPTER TO A PERSON
UNDER THE AGE OF SIXTEEN OR IS FOUND GUILTY OF OR PLEADS GUILTY TO ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08306-01-5
A. 3801 2
OFFENSE WHICH IS A FELONY AND SUCH PERSON POSSESSED A LOADED FIREARM,
SHOTGUN, RIFLE OR MACHINE-GUN, AS DEFINED IN SECTION 265.00 OF THIS
CHAPTER, WHILE COMMITTING SUCH FELONY, SHALL IN THE INTEREST OF JUSTICE
AND, IN ADDITION TO THE PENALTY PRESCRIBED BY ANY OTHER PROVISION OF
LAW, BE SENTENCED TO AN ADDITIONAL TERM OF IMPRISONMENT OF FIVE YEARS,
SUCH TERM TO RUN CONSECUTIVELY WITH RESPECT TO ANY OTHER TERM THAT MAY
BE IMPOSED BY THE COURT.
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.