S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5572
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2015
                                      ___________
       Introduced  by  M. of A. KAVANAGH, WRIGHT, BRENNAN, BROOK-KRASNY, DINOW-
         ITZ, JAFFEE,  LIFTON,  ORTIZ,  PRETLOW,  SCHIMEL,  ZEBROWSKI,  COLTON,
         DenDEKKER, GLICK, HOOPER, LENTOL, PERRY, RIVERA, CAHILL, AUBRY, ROSEN-
         THAL,  COOK,  GUNTHER  --  Multi-Sponsored by -- M. of A. GALEF, GOTT-
         FRIED, HEVESI, LUPARDO, MAGEE, PEOPLES-STOKES, RAIA,  RAMOS,  RUSSELL,
         SALADINO, THIELE, TITONE -- read once and referred to the Committee on
         Codes
       AN  ACT  to  amend the penal law, in relation to enhanced sentencing for
         criminal possession of a weapon or criminal sale of  a  firearm,  when
         the crime is committed at the home of a child
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 265.18  to
    2  read as follows:
    3  S 265.18 ADDITIONAL  SENTENCE  WHEN  CRIMINAL  POSSESSION OF A WEAPON OR
    4             CRIMINAL SALE OF A FIREARM IS COMMITTED  AT  THE  HOME  OF  A
    5             CHILD.
    6    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, WHEN A
    7  PERSON IS CONVICTED OF CRIMINAL POSSESSION OF A  WEAPON  AS  DEFINED  IN
    8  SECTIONS  265.04,  265.03  OR  265.02,  OR CRIMINAL SALE OF A FIREARM AS
    9  DEFINED IN SECTIONS 265.16, 265.14, 265.13, 265.12, OR  265.11  OF  THIS
   10  ARTICLE  AND THE TRIER OF FACT DETERMINES BEYOND A REASONABLE DOUBT THAT
   11  THE CRIME WAS COMMITTED AT ANY DWELLING, MULTIPLE DWELLING OR  RESIDENCE
   12  WHERE  A  CHILD  UNDER  THE  AGE OF FOURTEEN YEARS OLD IS DOMICILED, THE
   13  COURT SHALL  IMPOSE  AN  ADDITIONAL  CONSECUTIVE  SENTENCE  OF  TWO  AND
   14  ONE-HALF YEARS TO THE MINIMUM TERM OF A SENTENCE IMPOSED ON THE UNDERLY-
   15  ING  FELONY  OFFENSE.  IF  THE  TRIER  OF  FACT ALSO DETERMINES BEYOND A
   16  REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT SUCH RESIDENCE AND SUCH
   17  CHILD OR ANOTHER CHILD UNDER THE AGE OF FOURTEEN YEARS OLD  WAS  PRESENT
   18  AT THE DWELLING, MULTIPLE DWELLING OR RESIDENCE, OR WITHIN THE CURTILAGE
   19  OF  SUCH,  AT  THE  TIME  OF THE COMMISSION OF THE CRIME, THE ADDITIONAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04569-01-5
       A. 5572                             2
    1  CONSECUTIVE SENTENCE SHALL BE NO LESS THAN  FIVE  YEARS.  HOWEVER,  SUCH
    2  ADDITIONAL  SENTENCE SHALL NOT BE IMPOSED IF THE COURT, HAVING REGARD TO
    3  THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY AND CHARAC-
    4  TER  OF  THE DEFENDANT, FINDS ON THE RECORD THAT SUCH ADDITIONAL CONSEC-
    5  UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE
    6  WOULD BE CONSISTENT WITH THE PUBLIC SAFETY AND WOULD NOT  DEPRECATE  THE
    7  SERIOUSNESS  OF THE CRIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
    8  THE CONTRARY, THE AGGREGATE OF THE CONSECUTIVE TERM IMPOSED PURSUANT  TO
    9  THIS  SECTION AND THE MINIMUM TERM OF THE SENTENCE IMPOSED ON THE UNDER-
   10  LYING FELONY SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM  OF  IMPRI-
   11  SONMENT,  AND  A  PERSON SUBJECT TO SUCH TERM SHALL BE REQUIRED TO SERVE
   12  THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE ELIGIBLE FOR  RELEASE
   13  ON PAROLE OR CONDITIONAL RELEASE DURING SUCH TERM.
   14    S 2. This act shall take effect on the first of November next succeed-
   15  ing the date on which it shall have become a law.