S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1129

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. COLTON -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to sentences of imprisonment
  for criminal possession of a weapon

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 70.15 of the penal law, as amended
by chapter 291 of the laws of 1993, is amended to read as follows:
  1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
imposed  the  term shall be fixed by the court, and shall not exceed one
year; provided, however, that a sentence of imprisonment imposed upon  a
conviction  of  criminal  possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of  no
less than one year when the conviction was the result of a plea of guil-
ty  entered in satisfaction of an indictment or any count thereof charg-
ing the defendant with the class D violent felony  offense  of  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
four of section 265.02, except that  the  court  may  impose  any  other
sentence  authorized  by  law  upon a person who has not been previously
convicted in the five years immediately preceding the commission of  the
offense  for  a felony or a class A misdemeanor defined in this chapter,
[if the court having regard to the nature and circumstances of the crime
and to the history and character of the defendant, finds on  the  record
that  such  sentence  would  be  unduly  harsh  and that the alternative
sentence would be consistent with public safety and does  not  deprecate
the  seriousness  of the crime] AND IF THE DEFENDANT HAS MADE A POSITIVE
IDENTIFICATION TO THE ARRESTING AUTHORITIES OF THE PERSON  WHO  SUPPLIED
SAID DEFENDANT WITH THE WEAPON RESULTING IN A CONVICTION AS SET FORTH IN
THIS SUBDIVISION.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05223-01-1