Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 30, 2010 |
referred to rules |
Senate Bill S8418
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
co-Sponsors
(R, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2009-S8418 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Add §265.18, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S2169
2013-2014: S2180
2015-2016: S1459
2009-S8418 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8418 TITLE OF BILL: 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 PURPOSE: The purpose of this bill is to target criminals who possess and sell firearms in residences that also serve as the home of children under the age of fourteen. SUMMARY OF PROVISIONS: Section 1. Adds a new section, 265.18, to the Penal Law that provides for an additional sentence when weapons are illegally possessed or firearms are illegally sold in a home that is also the dwelling of a child under the age of fourteen or in the presence of such child. The bill provides that when a person is convicted of criminal possession of a weapon in the first degree (Penal Law §265.04), second degree (Penal Law §265.03) or third degree (§265.02), and such crime was committed at a place which is the dwelling or residence of a child under age 14, a consecutive sentence of two and a half years is added on to
2009-S8418 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8418 I N S E N A T E June 30, 2010 ___________ Introduced by Sens. GOLDEN, ALESI, BONACIC, DeFRANCISCO, FARLEY, FLANA- GAN, FUSCHILLO, GRIFFO, HANNON, O. JOHNSON, LANZA, LARKIN, LAVALLE, LEIBELL, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, NOZZOLIO, PADAVAN, RANZENHOFER, ROBACH, SALAND, SEWARD, SKELOS, VOLKER, WINNER, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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: Section 1. The penal law is amended by adding a new section 265.18 to read as follows: S 265.18 ADDITIONAL SENTENCE WHEN CRIMINAL POSSESSION OF A WEAPON OR CRIMINAL SALE OF A FIREARM IS COMMITTED AT THE HOME OF A CHILD. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A PERSON IS CONVICTED OF CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN SECTIONS 265.04, 265.03 OR 265.02, OR CRIMINAL SALE OF A FIREARM AS DEFINED IN SECTIONS 265.16, 265.14, 265.13, 265.12, OR 265.11 OF THIS ARTICLE AND THE TRIER OF FACT DETERMINES BEYOND A REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT ANY DWELLING, MULTIPLE DWELLING OR RESIDENCE WHERE A CHILD UNDER THE AGE OF FOURTEEN YEARS OLD IS DOMICILED, THE COURT SHALL IMPOSE AN ADDITIONAL CONSECUTIVE SENTENCE OF TWO AND ONE-HALF YEARS TO THE MINIMUM TERM OF A SENTENCE IMPOSED ON THE UNDERLY- ING FELONY OFFENSE. IF THE TRIER OF FACT ALSO DETERMINES BEYOND A REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT SUCH RESIDENCE AND SUCH CHILD OR ANOTHER CHILD UNDER THE AGE OF FOURTEEN YEARS OLD WAS PRESENT AT THE DWELLING, MULTIPLE DWELLING OR RESIDENCE, OR WITHIN THE CARTILAGE OF SUCH, AT THE TIME OF THE COMMISSION OF THE CRIME, THE ADDITIONAL CONSECUTIVE SENTENCE SHALL BE NO LESS THAN FIVE YEARS. HOWEVER, SUCH ADDITIONAL SENTENCE SHALL NOT BE IMPOSED IF THE COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY AND CHARAC- TER OF THE DEFENDANT, FINDS ON THE RECORD THAT SUCH ADDITIONAL CONSEC- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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