Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Feb 27, 2015 |
referred to codes |
Assembly Bill A5572
2015-2016 Legislative Session
Sponsored By
KAVANAGH
Archive: Last Bill Status - In Assembly 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
co-Sponsors
Keith L.T. Wright
James F. Brennan
Jeffrey Dinowitz
Ellen C. Jaffee
multi-Sponsors
Sandy Galef
Richard Gottfried
Andrew Hevesi
Donna Lupardo
2015-A5572 (ACTIVE) - Details
2015-A5572 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5572 2015-2016 Regular Sessions I N A S S E M B L Y February 27, 2015 ___________ Introduced by M. of A. KAVANAGH, WRIGHT, BRENNAN, BROOK-KRASNY, DINOW- ITZ, JAFFEE, LIFTON, ORTIZ, PRETLOW, SCHIMEL, ZEBROWSKI, COLTON, DenDEKKER, GLICK, HOOPER, LENTOL, PERRY, RIVERA, CAHILL, AUBRY, ROSEN- THAL, COOK, GUNTHER -- Multi-Sponsored by -- M. of A. GALEF, GOTT- FRIED, HEVESI, LUPARDO, MAGEE, PEOPLES-STOKES, RAIA, RAMOS, RUSSELL, SALADINO, THIELE, TITONE -- read once and referred 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04569-01-5
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