NY State Senate Bill 2011-S2694

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jan 28, 2011	referred to codes

2011-S2694 (ACTIVE) - Details

See Assembly Version of this Bill:: A2907
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.07, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6495
2013-2014: S3268, A2190
2015-2016: S3054, A1514
2017-2018: S3358, A2724
2019-2020: S3984, A2645
2021-2022: S2723, A4152
2023-2024: A1762

2011-S2694 (ACTIVE) - Summary

Creates the crime of related used of a lethal or explosive device; provides for additional 7 years imprisonment for certain crimes where a lethal or explosive is used and; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

2011-S2694 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2694

TITLE OF BILL:
An act
to amend the penal law, in relation to the related use of a lethal or
explosive device

PURPOSE:
To impose a sentence of seven years consecutive to whatever
sentence is imposed on the underlying offense when the defendant
possesses a lethal device such as a machine gun, pistol, revolver,
shotgun, rifle, assault weapon, electric dart, stun gun, explosive
device, bomb, grenade, rocket, missile or mine.

SUMMARY OF PROVISIONS:
This legislation would add an
additional consecutive sentence of seven years onto the sentence of
an offender who commits any offense while in possession of a lethal
or explosive device as described in the preceding paragraph.

That additional seven year sentence will not be imposed if the
defendant, within 60 days of arraignment on the indictment or
superior court information, truthfully to the satisfaction of the
court provides the district attorney with all the
information the defendant has concerning the source or the sources of
the lethal or explosive device.

The additional seven year sentence will not be waived when the use of
the lethal or explosive device has resulted in the death of or
serious injury to a person who was not a participant in the offense.

A defendant who qualifies for the waiver will be RULED out and will
not have to serve the added consecutive seven year term. Those who
fail to qualify will be RULED in and will have to serve that
consecutive term.

Most of the illegal weapons used against New Yorkers do not lawfully
originate within the State of New York and are smuggled into our
state by lucrative underground networks. Intelligence garnered
through the truthful debriefings of those who possess such illegal
weapons while committing other crimes will provide substantial
assistance to law enforcement in its effort to
combat these underground smuggling networks. The ability to gather
such crucially important intelligence will also provide substantial
assistance to law enforcement in its effort to battle gangs and other
underground criminal networks, which enterprises will be severely
hampered once their criminal members have to fear that a conspirator
arrested with a weapon while committing a crime will have to provide
otherwise
secretive intelligence on pain of having to serve an additional seven
years consecutive to the prison term imposed on the underlying offense.

LEGISLATIVE HISTORY:
2005-06: A.8585  Died in Assembly Codes Committee
2007-08: A.6495  Died in Assembly Codes Committee
2009-10: A.6495  Died in Assembly Codes Committee


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Takes effect on the first November next succeeding the
date on which it shall become law.

2011-S2694 (ACTIVE) - Bill Text download pdf

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

                                  2694

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 28, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- 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  the  related  use  of  a
  lethal or explosive device

  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 265.07  to
read as follows:
S 265.07 RELATED USE OF LETHAL OR EXPLOSIVE DEVICE.
  1.  A  PERSON IS GUILTY OF RELATED USE OF A LETHAL OR EXPLOSIVE DEVICE
WHEN HE OR SHE COMMITS ANY OFFENSE WHILE IN POSSESSION OF  A  LETHAL  OR
EXPLOSIVE DEVICE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
PERSON CONVICTED OF RELATED USE OF A LETHAL OR EXPLOSIVE  DEVICE  SHALL,
IN  ADDITION  TO  THE  PUNISHMENT PROVIDED FOR THE RELATED OR UNDERLYING
OFFENSE, BE SENTENCED TO A DETERMINATE TERM OF  IMPRISONMENT  FOR  SEVEN
YEARS,  AND  THE  TERM  OF IMPRISONMENT IMPOSED PURSUANT TO THIS SECTION
SHALL NOT RUN CONCURRENTLY WITH ANY OTHER TERM OF IMPRISONMENT INCLUDING
THAT IMPOSED FOR THE RELATED OR UNDERLYING CRIME.
  3. ANY SUCH NON-CONCURRENT TERM REQUIRED TO  BE  IMPOSED  PURSUANT  TO
THIS SECTION SHALL, HOWEVER, NOT BE IMPOSED IF:
  (A) THE DEFENDANT, WITHIN SIXTY DAYS OF THE DATE OF ARRAIGNMENT ON THE
INDICTMENT  OR SUPERIOR COURT INFORMATION, WHICH SIXTY DAY PERIOD MAY BE
EXTENDED IN THE DISCRETION OF THE DISTRICT ATTORNEY, SHALL TRUTHFULLY TO
THE SATISFACTION OF THE COURT PROVIDE THE DISTRICT ATTORNEY WITH ALL THE
INFORMATION THE DEFENDANT HAS CONCERNING THE SOURCE OR  SOURCES  OF  THE
LETHAL OR EXPLOSIVE DEVICE; AND
  (B)  THE  USE  OF  SUCH LETHAL OR EXPLOSIVE DEVICE HAS NOT RESULTED IN
DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON WHO WAS NOT  A  PARTIC-
IPANT IN THE OFFENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06943-01-1

S. 2694                             2

  4.  SO  LONG  AS  THE STATEMENTS MADE BY THE DEFENDANT TO THE DISTRICT
ATTORNEY RELATING TO THE SOURCES OF THE LETHAL OR EXPLOSIVE  DEVICE  ARE
TRUTHFUL,  THEN  (A)  NO  STATEMENT  SO  MADE  SHALL BE USED AS EVIDENCE
AGAINST THE DEFENDANT  IN  ANY  CRIMINAL  PROCEEDINGS  EXCEPT  THAT  THE
DISTRICT  ATTORNEY MAY USE SUCH STATEMENTS FOR THE PURPOSE OF CROSS-EXA-
MINATION, IMPEACHMENT AND  REBUTTAL  SHOULD  THE  DEFENDANT  EVER  OFFER
CONTRARY  EVIDENCE,  AND  (B)  THE DISTRICT ATTORNEY MAY USE AS EVIDENCE
AGAINST THE DEFENDANT ANY INDEPENDENT  EVIDENCE  WHICH  MAY  BE  DERIVED
THROUGH  AN  INVESTIGATION  INTO  THE  INFORMATION  SO  PROFFERED BY THE
DEFENDANT. AT ANY HEARING ON THE ISSUE OF WHETHER THE DEFENDANT'S STATE-
MENTS ARE TRUTHFUL, THE PEOPLE SHALL BEAR THE BURDEN OF SHOWING THAT THE
STATEMENTS ARE NOT TRUTHFUL BY PROOF BEYOND A REASONABLE DOUBT.
  5. THE TERM: (A) "LETHAL DEVICE" SHALL MEAN A MACHINE GUN, A PISTOL OR
REVOLVER, EITHER A SHOTGUN, RIFLE OR ASSAULT WEAPON OF ANY LENGTH OR ANY
OBJECT MADE THEREFROM BY ALTERATION, MODIFICATION OR OTHERWISE, AN ELEC-
TRONIC DART GUN, AND AN ELECTRONIC STUN GUN.
  (B) "EXPLOSIVE DEVICE" SHALL MEAN ANY EXPLOSIVE, INCENDIARY OR  POISON
GAS,  BOMB, GRENADE, ROCKET HAVING A PROPELLANT CHARGE OF MORE THAN FOUR
OUNCES, MISSILE HAVING AN EXPLOSIVE OR INCENDIARY CHARGE  OF  MORE  THAN
ONE-QUARTER  OUNCE,  MINE  OR  ANY  DEVICE SIMILAR TO ANY OF THE DEVICES
DESCRIBED IN THIS SUBDIVISION.
  (C) "EXPLOSIVE" SHALL MEAN ANY CHEMICAL COMPOUND  MIXTURE  OR  DEVICE,
THE PRIMARY PURPOSE OF WHICH IS TO FUNCTION BY EXPLOSION.
  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.

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Senate Bill S2694

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2011-S2694 (ACTIVE) - Details

2011-S2694 (ACTIVE) - Summary

2011-S2694 (ACTIVE) - Sponsor Memo

2011-S2694 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2694

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Codes Committee

2011-S2694 (ACTIVE) - Details

2011-S2694 (ACTIVE) - Summary

2011-S2694 (ACTIVE) - Sponsor Memo

2011-S2694 (ACTIVE) - Bill Text download pdf

Comments