assembly Bill A3579

2015-2016 Legislative Session

Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a weapon, outside the home, while intoxicated; repealer

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 27, 2015 referred to codes

A3579 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§80.05, 265.00, 265.01, 265.20 & 400.00, add §§265.50 & 265.55, rpld §265.01 sub 3, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10332
2011-2012: A5268
2013-2014: A5663
2017-2018: A7028

A3579 (ACTIVE) - Summary

Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a firearm, rifle or shotgun, outside the home, while impaired or intoxicated by use of alcohol or drugs; increases maximum fine for such offense to $10,000; provides for chemical testing of certain persons for whom there is reasonable cause to believe are in violation of such provision; provides for revocation of firearms permit upon conviction or refusal of a chemical test.

A3579 (ACTIVE) - Bill Text download pdf

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

                                  3579

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to possession of a firearm,
  rifle or shotgun while under the influence of alcohol or drugs; and to
  repeal subdivision 3 of section 265.01 of such law relating to  crimi-
  nal possession of a weapon in the fourth degree

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

  Section 1. Subdivision 1 of section 80.05 of the penal law, as amended
by chapter 669 of the laws of 1984, is amended to read as follows:
  1. Class A misdemeanor. A sentence to pay a fine for a class A  misde-
meanor  shall  be  a  sentence to pay an amount, fixed by the court, not
exceeding one thousand  dollars,  provided,  however,  that  a  sentence
imposed for a violation of:
  (A)  section  215.80  of  this chapter may include a fine in an amount
equivalent to double the value of the property unlawfully disposed of in
the commission of the crime; AND
  (B) SUBDIVISION NINE OF SECTION 265.01 OF THIS CHAPTER MAY  INCLUDE  A
FINE, FIXED BY THE COURT, NOT EXCEEDING TEN THOUSAND DOLLARS.
  S 2. Section 265.00 of the penal law is amended by adding a new subdi-
vision 26 to read as follows:
  26.   "DRUG"   MEANS   ANY  CONTROLLED  SUBSTANCE  LISTED  IN  SECTION
THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.
  S 4. Subdivisions 2, 4, 5, 6, 7 and 8 of section 265.01 of  the  penal
law,  as amended by chapter 1 of the laws of 2013, are amended and a new
subdivision 9 is added to read as follows:
  (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
stiletto,  imitation pistol, or any other dangerous or deadly instrument
or weapon with intent to use the same unlawfully against another; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04022-02-5