Bill Text: NY S07138 | 2015-2016 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-03-31 - REFERRED TO CODES [S07138 Detail]

Download: New_York-2015-S07138-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7138
                    IN SENATE
                                     March 31, 2016
                                       ___________
        Introduced  by  Sen. RITCHIE -- 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 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:
     1    Section  1. Section 265.09 of the penal law, as amended by chapter 650
     2  of the laws of 1996 and subdivision 2 as amended by  chapter  1  of  the
     3  laws of 2013, is amended to read as follows:
     4  § 265.09 Criminal use of a firearm in the first degree.
     5    (1)  A  person  is  guilty  of  criminal use of a firearm in the first
     6  degree when he or she commits any class  B  violent  felony  offense  as
     7  defined  in paragraph (a) of subdivision one of section 70.02 or commits
     8  any drug related felony offense as defined in sections  220.31,  220.34,
     9  220.39,  220.41, 220.43, 220.44 and 220.48 of this chapter and he or she
    10  either:
    11    (a) possesses a deadly weapon, if the weapon is a loaded  or  unloaded
    12  weapon  from  which  a shot, readily capable of producing death or other
    13  serious injury may be discharged; or
    14    (b) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
    15  machine gun or other firearm.
    16    Criminal use of a firearm in the first degree is a class B felony.
    17    (2)  Sentencing. (a) Notwithstanding any other provision of law to the
    18  contrary, when a person is convicted of criminal use of a firearm in the
    19  first degree as defined in subdivision one of this  section,  the  court
    20  shall  impose  an additional consecutive sentence of [five] ten years to
    21  the sentence imposed on the underlying class B violent felony offense or
    22  drug related felony offense where the person  convicted  of  such  crime
    23  displays  a loaded or unloaded weapon from which a shot, readily capable
    24  of producing death or other serious injury may be discharged or displays
    25  what appears to be a pistol, revolver, shotgun,  machine  gun  or  other
    26  firearm,  in  furtherance  of  the  commission of such crime[, provided,
    27  however, that such additional sentence  shall  not  be  imposed  if  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08472-01-5