Assembly Bill A4714

2021-2022 Legislative Session

Increases penalties for criminal use of a firearm in the first degree when committing a drug related felony offense

download bill text pdf

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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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2021-A4714 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.09, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10425
2011-2012: A7545
2013-2014: A5766
2015-2016: A4061
2017-2018: A3097, A10665
2019-2020: A5690
2023-2024: A4225

2021-A4714 (ACTIVE) - Summary

Increases penalties for criminal use of a firearm in the first degree when committing a drug related felony offense.

2021-A4714 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4714
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by M. of A. MIKULIN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to increasing  penalties  for
   criminal  use  of a firearm in the first degree when committing a drug
   related felony offense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 265.09 of the penal law, as amended by chapter 650
 of the laws of 1996 and subdivision 2 as amended by  chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 265.09 Criminal use of a firearm in the first degree.
   (1)  A  person  is  guilty  of  criminal use of a firearm in the first
 degree when he OR SHE commits any class  B  violent  felony  offense  as
 defined  in paragraph (a) of subdivision one of section 70.02 OR COMMITS
 ANY DRUG RELATED FELONY OFFENSE AS DEFINED IN SECTIONS  220.31,  220.34,
 220.39,  220.41, 220.43, 220.44 AND 220.48 OF THIS CHAPTER and he OR SHE
 either:
   (a) possesses a deadly weapon, if the weapon is a loaded  OR  UNLOADED
 weapon  from  which  a shot, readily capable of producing death or other
 serious injury may be discharged; or
   (b) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
 machine gun or other firearm.
   Criminal use of a firearm in the first degree is a class B felony.
   (2)  Sentencing. (A) Notwithstanding any other provision of law to the
 contrary, when a person is convicted of criminal use of a firearm in the
 first degree as defined in subdivision one of this  section,  the  court
 shall  impose  an additional consecutive sentence of [five] TEN years to
 the sentence imposed on the underlying class B violent felony offense OR
 DRUG RELATED FELONY OFFENSE where the person  convicted  of  such  crime
 displays  a loaded OR UNLOADED weapon from which a shot, readily capable
 of producing death or other serious injury may be discharged OR DISPLAYS

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

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