Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 23, 2012 |
print number 5518a |
Jan 23, 2012 |
amend and recommit to codes |
Jan 04, 2012 |
referred to codes |
May 27, 2011 |
referred to codes |
Senate Bill S5518
2011-2012 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th 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
Bill Amendments
2011-S5518 - Details
- See Assembly Version of this Bill:
- A8222
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §70.02, rpld §§265.08 & 265.09, add §265.45, Pen L; amd §410, Gen Bus L; amd §509-cc, V & T L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S4161, A6224
2015-2016: S3479
2017-2018: S6191
2019-2020: S1783
2021-2022: S5614
2023-2024: S4657
2011-S5518 - Summary
Establishes the class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying what appears to be or is a rifle, pistol, revolver, shotgun, machine gun or other firearm during the commission of a class A or violent felony; repeals the offenses of criminal use of a firearm in the first and second degrees.
2011-S5518 - Sponsor Memo
BILL NUMBER:S5518 TITLE OF BILL: An act to amend the penal law, the general business law and the vehicle and traffic law, in relation to criminal use of a firearm; and to repeal sections 265.08 and 265.09 of the penal law relating thereto PURPOSE: Establishes class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying a gun during the commission of a class A or violent felony. SUMMARY OF PROVISIONS: Section 1 amends the penal law. Section 2 repeals sections 265.08 and 265.09 and adds a new section 265-45: Criminal use of a fire arm. Section 3 amends the general business law. Section 4 amends the vehicle and traffic law. Section 5 is the effective date. JUSTIFICATION: This bill would make it a class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying a gun during the commission of a class A or violent felony. Crimes committed with a deadly weapon should carry tough penalties to
2011-S5518 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5518 2011-2012 Regular Sessions I N S E N A T E May 27, 2011 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the general business law and the vehicle and traffic law, in relation to criminal use of a firearm; and to repeal sections 265.08 and 265.09 of the penal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 and paragraph (b) as amended by chapter 405 of the laws of 2010, are amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, [criminal use of a firearm in the first degree as defined in section 265.09,] criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11878-01-1
2011-S5518A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8222
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §70.02, rpld §§265.08 & 265.09, add §265.45, Pen L; amd §410, Gen Bus L; amd §509-cc, V & T L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S4161, A6224
2015-2016: S3479
2017-2018: S6191
2019-2020: S1783
2021-2022: S5614
2023-2024: S4657
2011-S5518A (ACTIVE) - Summary
Establishes the class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying what appears to be or is a rifle, pistol, revolver, shotgun, machine gun or other firearm during the commission of a class A or violent felony; repeals the offenses of criminal use of a firearm in the first and second degrees.
2011-S5518A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5518A TITLE OF BILL: An act to amend the penal law, the general business law and the vehicle and traffic law, in relation to criminal use of a firearm; and to repeal sections 265.08 and 265.09 of the penal law relating thereto PURPOSE: Establishes class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying a gun during the commission of a class A or violent felony. SUMMARY OF PROVISIONS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 and paragraph (b) as amended by chapter 148 of the laws of 2011. Section 2. Sections 265.08 and 265.09 of the penal law are REPEALED and a new section 265-45 is added. Section 3. Paragraph f of subdivision 1 of section 410 of the general business law, as added by chapter 509 of the laws of 1992 is amended. Section 4. Paragraph (a) of subdivision 4 of section 509-cc of vehicle and traffic law, as amended by chapter 400 of the laws of 2011. Section 5. This act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the provisions of sections one and two of this act shall not
2011-S5518A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5518--A 2011-2012 Regular Sessions I N S E N A T E May 27, 2011 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, the general business law and the vehicle and traffic law, in relation to criminal use of a firearm; and to repeal sections 265.08 and 265.09 of the penal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 and paragraph (b) as amended by chapter 148 of the laws of 2011, are amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, [criminal use of a firearm in the first degree as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11878-02-1
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