S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7458
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred 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 265.18 to
 read as follows:
 § 265.18 RELATED USE OF LETHAL OR EXPLOSIVE DEVICE.
   1. A PERSON IS GUILTY OF RELATED USE OF A LETHAL OR  EXPLOSIVE  DEVICE
 WHEN  SUCH PERSON 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.
                                                            LBD05567-01-5
 A. 7458                             2
              

 
   4. SO LONG AS THE STATEMENTS MADE BY THE  DEFENDANT  TO  THE  DISTRICT
 ATTORNEY  RELATING  TO THE SOURCES OF THE LETHAL OR EXPLOSIVE DEVICE ARE
 TRUTHFUL, THEN (A) NO STATEMENT  SO  MADE  SHALL  BE  USED  AS  EVIDENCE
 AGAINST  THE  DEFENDANT  IN  ANY  CRIMINAL  PROCEEDINGS  EXCEPT THAT THE
 DISTRICT  ATTORNEY MAY USE SUCH STATEMENTS FOR THE PURPOSE OF CROSS-EXA-
 MINATION, IMPEACHMENT AND  REBUTTAL  SHOULD  THE  DEFENDANT  EVER  OFFER
 CONTRARY  EVIDENCE,  AND  (B)  THE DISTRICT ATTORNEY MAY USE AS EVIDENCE
 AGAINST THE DEFENDANT ANY INDEPENDENT  EVIDENCE  WHICH  MAY  BE  DERIVED
 THROUGH  AN  INVESTIGATION  INTO  THE  INFORMATION  SO  PROFFERED BY THE
 DEFENDANT. AT ANY HEARING ON THE ISSUE OF WHETHER THE DEFENDANT'S STATE-
 MENTS ARE TRUTHFUL, THE PEOPLE SHALL BEAR THE BURDEN OF SHOWING THAT THE
 STATEMENTS ARE NOT TRUTHFUL BY PROOF BEYOND A REASONABLE DOUBT.
   5. THE TERM: (A) "LETHAL DEVICE" SHALL MEAN A MACHINE GUN, A PISTOL OR
 REVOLVER, EITHER A SHOTGUN, RIFLE OR ASSAULT WEAPON OF ANY LENGTH OR ANY
 OBJECT MADE THEREFROM BY ALTERATION, MODIFICATION OR OTHERWISE, AN ELEC-
 TRONIC DART GUN, AND AN ELECTRONIC STUN GUN.
   (B) "EXPLOSIVE DEVICE" SHALL MEAN ANY EXPLOSIVE, INCENDIARY OR  POISON
 GAS,  BOMB, GRENADE, ROCKET HAVING A PROPELLANT CHARGE OF MORE THAN FOUR
 OUNCES, MISSILE HAVING AN EXPLOSIVE OR INCENDIARY CHARGE  OF  MORE  THAN
 ONE-QUARTER  OUNCE,  MINE  OR  ANY  DEVICE SIMILAR TO ANY OF THE DEVICES
 DESCRIBED IN THIS SUBDIVISION.
   (C) "EXPLOSIVE" SHALL MEAN ANY CHEMICAL COMPOUND  MIXTURE  OR  DEVICE,
 THE PRIMARY PURPOSE OF WHICH IS TO FUNCTION BY EXPLOSION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.