senate Bill S3054

2015-2016 Legislative Session

Creates the crime of related use of a lethal or explosive device

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

Your Voice

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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Feb 02, 2015 referred to codes

S3054 (ACTIVE) - Details

See Assembly Version of this Bill:
A1514
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง265.07, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6495
2011-2012: S2694, A2907
2013-2014: S3268, A2190
2017-2018: S3358, A2724
2019-2020: S3984, A2645

S3054 (ACTIVE) - Summary

Creates the crime of related used of a lethal or explosive device; provides for additional 10 years imprisonment for certain crimes where a lethal or explosive device is used and; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

S3054 (ACTIVE) - Sponsor Memo

S3054 (ACTIVE) - Bill Text download pdf

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

                                  3054

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- 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  the  related  use  of  a
  lethal or explosive device

  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 265.07  to
read as follows:
S 265.07 RELATED USE OF LETHAL OR EXPLOSIVE DEVICE.
  1.  A  PERSON IS GUILTY OF RELATED USE OF A LETHAL OR EXPLOSIVE DEVICE
WHEN HE OR SHE COMMITS ANY OFFENSE WHILE IN POSSESSION OF  A  LETHAL  OR
EXPLOSIVE DEVICE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
PERSON CONVICTED OF RELATED USE OF A LETHAL OR EXPLOSIVE  DEVICE  SHALL,
IN  ADDITION  TO  THE  PUNISHMENT PROVIDED FOR THE RELATED OR UNDERLYING
OFFENSE, BE SENTENCED TO A DETERMINATE  TERM  OF  IMPRISONMENT  FOR  TEN
YEARS,  AND  THE  TERM  OF IMPRISONMENT IMPOSED PURSUANT TO THIS SECTION
SHALL NOT RUN CONCURRENTLY WITH ANY OTHER TERM OF IMPRISONMENT INCLUDING
THAT IMPOSED FOR THE RELATED OR UNDERLYING CRIME.
  3. ANY SUCH NON-CONCURRENT TERM REQUIRED TO  BE  IMPOSED  PURSUANT  TO
THIS SECTION SHALL, HOWEVER, NOT BE IMPOSED IF:
  (A) THE DEFENDANT, WITHIN SIXTY DAYS OF THE DATE OF ARRAIGNMENT ON THE
INDICTMENT  OR SUPERIOR COURT INFORMATION, WHICH SIXTY DAY PERIOD MAY BE
EXTENDED IN THE DISCRETION OF THE DISTRICT ATTORNEY, SHALL TRUTHFULLY TO
THE SATISFACTION OF THE COURT PROVIDE THE DISTRICT ATTORNEY WITH ALL THE
INFORMATION THE DEFENDANT HAS CONCERNING THE SOURCE OR  SOURCES  OF  THE
LETHAL OR EXPLOSIVE DEVICE; AND
  (B)  THE  USE  OF  SUCH LETHAL OR EXPLOSIVE DEVICE HAS NOT RESULTED IN
DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON WHO WAS NOT  A  PARTIC-
IPANT IN THE OFFENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02861-01-5

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.