Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to codes |
Jan 12, 2015 |
referred to codes |
Senate Bill S1459
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
2015-S1459 (ACTIVE) - Details
2015-S1459 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1459 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 of this bill 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 (N65.02), and such crime was committed at a place which is the dwelling or residence of a child under age 14 who is not present at the residence at the time of the act, a consecutive sentence of two and a half years is added on to the minimum sentence imposed on the underlying offense. If the underlying charge is committed at a place that is the dwelling
2015-S1459 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1459 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. GOLDEN -- 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 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 CURTILAGE 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- UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04569-01-5
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