Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 21, 2009 |
referred to codes |
Senate Bill S929
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
2009-S929 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§265.45, 265.50, 265.55 & 70.16, amd §70.25, Pen L; amd §220.10, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2282
2009-S929 (ACTIVE) - Sponsor Memo
BILL NUMBER: S929 TITLE OF BILL : An act to amend the penal law and the criminal procedure law, in relation to offenses involving the criminal possession of a firearm, rifle, shotgun, or machine-gun and increasing the penalties therefor, restricting the ability to plea to lesser offenses, and providing for mandatory minimum sentences of imprisonment PURPOSE/SUMMARY OF PROVISIONS : This bill would create a new category of the Penal Law called criminal possession of a firearm, rifle, shotgun or machine-gun. When a person is guilty of such possession while in the course of committing or attempting to commit a violent felony, they would be charged with a felony and receive the requisite punishment by degree in addition to the penalty received upon conviction for the first crime. This bill provides for consecutive sentencing for those so convicted. Sections 1 and 2 of this bill amend the Penal Law by adding four new sections, 70.16, 265.45, 265.50 and 265.55. These define the crime or criminal possession of a firearm and the requisite sentences. Simple possession of a firearm constitutes third-degree possession (Class C felony, not less than ten years), possession that involves physical injury constitutes second-degree possession (Class B felony, not less than fifteen years), possession involving death constitutes first degree possession (Class A-II felony, not less than twenty-five years).
2009-S929 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 929 2009-2010 Regular Sessions I N S E N A T E January 21, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to offenses involving the criminal possession of a firearm, rifle, shotgun, or machine-gun and increasing the penalties therefor, restricting the ability to plea to lesser offenses, and providing for mandatory minimum sentences of imprisonment 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 three new sections 265.45, 265.50 and 265.55 to read as follows: S 265.45 CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN IN THE THIRD DEGREE. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOT- GUN, OR MACHINE-GUN IN THE THIRD DEGREE WHEN, IN THE COURSE OF COMMIT- TING ANY CRIME OR ATTEMPTING TO COMMIT ANY SUCH CRIME, OR IN THE COURSE AND FURTHERANCE OF IMMEDIATE FLIGHT AFTER COMMITTING OR ATTEMPTING TO COMMIT ANY CRIME, HE OR SHE POSSESSES A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN. CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN IN THE THIRD DEGREE IS A CLASS C FELONY. S 265.50 CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN IN THE SECOND DEGREE. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOT- GUN, OR MACHINE-GUN IN THE SECOND DEGREE WHEN, IN THE COURSE OF COMMIT- TING ANY CRIME OR ATTEMPTING TO COMMIT ANY SUCH CRIME, OR IN THE COURSE OF FURTHERANCE OF IMMEDIATE FLIGHT AFTER COMMITTING OR ATTEMPTING TO COMMIT ANY CRIME, HE OR SHE POSSESSES A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN AND CAUSES PHYSICAL INJURY TO ANOTHER PERSON. CRIMINAL POSSESSION OF A FIREARM, RIFLE, SHOTGUN, OR MACHINE-GUN IN THE SECOND DEGREE IS A CLASS B FELONY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06448-01-9
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