|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to codes|
|Jan 23, 2017||referred to codes|
senate Bill S3358
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3358 (ACTIVE) - Details
S3358 (ACTIVE) - Summary
Creates the crime of related use 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.
S3358 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3358 TITLE OF BILL : An act to amend the penal law, in relation to the related use of a lethal or explosive device PURPOSE : To impose a sentence of ten years consecutive to whatever sentence is imposed on the underlying offense when the defendant possesses a lethal device such as a machine gun, pistol, revolver, shotgun, rifle, assault weapon, electric dart, stun gun, explosive device, bomb, grenade, rocket, missile or mine. SUMMARY OF PROVISIONS : This legislation would add an additional consecutive sentence of ten years onto the sentence of an offender who commits any offense while in possession of a lethal or explosive device as described in the preceding paragraph. That additional ten veer sentence will not be imposed if the defendant, within 60 days of arraignment on the indictment or superior court information, truthfully to the satisfaction of the court provides the district attorney with all the information the defendant has concerning the source or the sources of the lethal or explosive device.
S3358 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3358 2017-2018 Regular Sessions I N S E N A T E January 23, 2017 ___________ 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: § 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. LBD05853-01-7
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