Assembly Bill A7028

2017-2018 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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A7028 (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
2015-2016: A3579

2017-A7028 (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.

2017-A7028 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7028
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2017
                                ___________
 
 Introduced  by  M.  of  A.  TITONE,  ENGLEBRIGHT, M. G. MILLER, GUNTHER,
   ZEBROWSKI, LAVINE, BRINDISI, SIMOTAS -- Multi-Sponsored by -- M. of A.
   ABBATE, ARROYO, CROUCH, GIGLIO, HAWLEY, HIKIND,  JOHNS,  MAGEE,  McDO-
   NOUGH,  McKEVITT,  McLAUGHLIN, MONTESANO, RA, RAIA, SIMANOWITZ -- 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.
   § 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.
   § 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.
   § 4. Subdivisions 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09154-01-7
              

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