NY State Senate Bill 2015-S784A

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
Feb 01, 2016	print number 784a
Feb 01, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S784 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2110
2011-2012: S1407
2013-2014: S2237
2017-2018: S810

2015-S784 - Summary

Relates to criminal use of a firearm in the first degree; provides that the firearm displayed need not be real for additional penalties to apply.

2015-S784 - Sponsor Memo

                                BILL NUMBER:S784

TITLE OF BILL:

An act to amend the penal law, the vehicle and traffic law and the
general business law, in relation to criminal use of a firearm in the
first degree and to repeal certain provisions of the penal law
relating thereto

PURPOSE:

To provide stiffer sentences to criminals who use firearms to commit
felonies.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends section 265.09 of the Penal Law to
provide that an actor is guilty of the offense of criminal use of a
firearm in the first degree when he or she commits a felony while
either possessing a loaded deadly weapon or displaying what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
This section also makes conforming amendments to the sentencing
provisions of Penal Law section 265.09.

Section 2 of this bill repeals Penal Law section 265.08, criminal use
of a firearm in the second degree, because the elements of this

offense are entirely included in Penal Law section 265.09 as amended
by this bill.

Section 3 of this bill makes conforming technical corrections to the
Penal Law.

Section 4 of this bill makes conforming technical corrections to the
Vehicle and Traffic law.

Section 5 of this bill makes conforming technical corrections to the
General Business Law.

Section 6 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

EXISTING LAW:

Penal Law section 265.09 only applies to situations where the offense
being committed is a class "B" violent felony and Penal Law section
265.09 only applies to situations where the offense being committed is
a class "C" violent felony.

JUSTIFICATION:

Currently, a person can be charged with criminal use of a firearm in
the first degree or second degree when the offense that he or she is
committing with such firearm, real or fake, is either a class "B"
violent felony or a class "C" violent felony. If the actor is
committing a class "B" nonviolent felony, such as criminal sale of a
controlled substance in the third degree, he or she cannot also be


charged with criminal use of a firearm in the first degree. When any
felony is committed while the actor possesses a firearm, regardless of
whether it is real, fake or unloaded, the actor should be subject to
the same enhanced penalties. It is the possession of the firearm that
triggers the enhanced penalties, not the underlying offense.

Additionally, the enhanced penalties contained in Penal Law section
265.09, relating to criminal use of a firearm in the first degree,
only apply where the assailant actually carries a loaded weapon
capable of being fired. Perpetrators who only display what appears to
be a firearm are guilty of criminal use of a firearm in the first
degree, but are not subject to this increased penalty. There is no
basis for this distinction. Those who use actual firearms, and those
who carry fake or unloaded firearms, carry them for the same primary
purpose; to intimidate their victims into submission. Victims of these
crimes cannot be expected to distinguish between real and fake or
unloaded firearms when they perceive themselves to be at gunpoint.

The public safety is jeopardized regardless of whether the firearm
used to commit a felony is fake, real, or unloaded. Accordingly, the
law should treat these acts with equal severity, and criminals should
not be allowed to avoid the enhanced sentencing provisions contained
in Penal Law section 265.09 merely because the gun he or she used was
not, in hindsight, capable of being fired.

LEGISLATIVE HISTORY:

2014: S.2237-D - 3rd Reading Calendar
2013: S.2237-C - 3rd Reading Calendar
2012: S.1407-B - Passed the Senate
2011: S.1407-B - Passed the Senate
2010: S.2110-A - Referred to Codes
2009: S.2110 - Referred to Codes

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2015-S784 - Bill Text download pdf

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

                                   784

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 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, the  vehicle  and  traffic  law  and  the
  general  business law, in relation to criminal use of a firearm in the
  first degree and to repeal certain provisions of the penal law  relat-
  ing thereto

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

  Section 1. Section 265.09 of the penal law, as amended by chapter  650
of  the  laws of 1996, subdivision 2 as amended by chapter 1 of the laws
of 2013, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1) A person is guilty of criminal use  of  a  firearm  in  the  first
degree  when  he OR SHE commits any [class B violent] felony offense [as
defined in paragraph (a) of subdivision one of section 70.02] and he  OR
SHE either:
  (a)  possesses  a deadly weapon, if the weapon is a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (2)  Sentencing.  Notwithstanding  any  other  provision of law to the
contrary, when a person is convicted of criminal use of a firearm in the
first degree as defined in subdivision one of this  section,  the  court
shall  impose  an  additional  consecutive sentence of five years to the
sentence imposed on the underlying  [class  B  violent]  felony  offense
where  the  person convicted of such crime displays a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged[,] OR WHAT APPEARS TO BE A  PISTOL,  REVOLVER,  RIFLE,

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

                                                           LBD04536-02-5

S. 784                              2

SHOTGUN,  MACHINE  GUN OR OTHER FIREARM in furtherance of the commission
of such crime, provided, however, that such  additional  sentence  shall
not  be  imposed  if  the court, having regard to the nature and circum-
stances  of the crime and to the history and character of the defendant,
finds on the record that such additional consecutive sentence  would  be
unduly  harsh  and  that  not imposing such sentence would be consistent
with the public safety and would not deprecate the  seriousness  of  the
crime.   Notwithstanding any other provision of law to the contrary, the
aggregate of the five year consecutive term  imposed  pursuant  to  this
subdivision and the minimum term of the [indeterminate] sentence imposed
on  the  underlying  [class  B  violent] felony shall constitute the new
aggregate minimum term of imprisonment, and a  person  subject  to  such
term  shall  be  required to serve the entire aggregate minimum term and
shall not be eligible for  release  on  parole  or  conditional  release
during such term. This subdivision shall not apply where the defendant's
criminal  liability  for  displaying  a loaded weapon from which a shot,
readily capable of producing  death  or  other  serious  injury  may  be
discharged[,]  OR WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN,
MACHINE GUN OR OTHER FIREARM in furtherance of the commission  of  crime
is  based  on  the  conduct of another pursuant to section 20.00 of this
chapter.
  S 2. Section 265.08 of the penal law is REPEALED.
  S 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, [criminal use of a firearm in the second degree  as  defined  in
section  265.08,]  criminal  sale  of  a firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, aggravated criminal possession of a
weapon as defined in section 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  S  4.  Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,

S. 784                              3

220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,  245.00,
260.10,  subdivision  two of section 260.20 and sections 260.25, 265.02,
265.03,  [265.08,] 265.09, 265.10, 265.12, 265.35 of the penal law or an
attempt to commit any of the aforesaid offenses under section 110.00  of
the  penal law, or any similar offenses committed under a former section
of the penal law, or any offenses committed under a  former  section  of
the  penal  law  which  would  constitute  violations  of  the aforesaid
sections of the penal law, or any offenses committed outside this  state
which would constitute violations of the aforesaid sections of the penal
law.
  S  5.  The  opening  paragraph  of  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 to read as follows:
  Conviction  of  any of the following crimes subsequent to the issuance
of a license pursuant to this  article:    fraud  pursuant  to  sections
170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and 190.65; falsifying
business records pursuant to section 175.10; grand larceny  pursuant  to
article  155;  bribery  pursuant  to  sections  180.03,  180.08, 180.15,
180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45,  200.50;
perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to
sections  120.05,  120.10,  120.11,  120.12; robbery pursuant to article
160; homicide pursuant  to  sections  125.25  and  125.27;  manslaughter
pursuant  to  sections 125.15 and 125.20; kidnapping and unlawful impri-
sonment pursuant to sections 135.10, 135.20 and 135.25; unlawful weapons
possession pursuant to sections 265.02, 265.03 and 265.04; criminal  use
of  a [weapon] FIREARM pursuant to [sections 265.08 and] SECTION 265.09;
criminal sale of a [weapon] FIREARM  pursuant  to  sections  265.11  and
265.12;  and  sex  offenses  pursuant  to  article 130 of the penal law.
Provided, however, that for the purposes of this article,  none  of  the
following  shall be considered criminal convictions or reported as such:
(i) a conviction for which an executive pardon has been issued  pursuant
to  the  executive  law;  (ii)  a  conviction which has been vacated and
replaced by a  youthful  offender  finding  pursuant  to  article  seven
hundred  twenty  of  the  criminal  procedure  law,  or  the  applicable
provisions of law of any other jurisdiction; or (iii) a  conviction  the
records of which have been expunged or sealed pursuant to the applicable
provisions  of  the laws of this state or of any other jurisdiction; and
(iv) a conviction for which other evidence of successful  rehabilitation
to remove the disability has been issued.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

co-Sponsors

2015-S784A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2110
2011-2012: S1407
2013-2014: S2237
2017-2018: S810

2015-S784A (ACTIVE) - Summary

Relates to criminal use of a firearm in the first degree; provides that the firearm displayed need not be real for additional penalties to apply.

2015-S784A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S784A

 TITLE OF BILL :

An act to amend the penal law, the vehicle and traffic law and the
general business law, in relation to criminal use of a firearm in the
first degree and to repeal certain provisions of the penal law
relating thereto

 PURPOSE :

To provide stiffer sentences to criminals who use firearms to commit
felonies.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends section 265.09 of the Penal Law to
provide that an actor is guilty of the offense of criminal use of a
firearm in the first degree when he or she commits a felony while
either possessing a loaded deadly weapon or displaying what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
This section also makes conforming amendments to the sentencing
provisions of Penal Law section 265.09.

Section 2 of this bill repeals Penal Law section 265.08, criminal use
of a firearm in the second degree, because the elements of this

offense are entirely included in Penal Law section 265.09 as amended
by this bill.

Section 3 of this bill makes conforming technical changes to the Penal
Law.

Section 4 of this bill makes conforming technical changes to the
Vehicle and Traffic law.

Section 5 of this bill makes conforming technical changes to the
General Business Law.

Section 6 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Penal Law section 265.09 only applies to situations where the offense
being committed is a class "B" violent felony and Penal Law section
265.09 only applies to situations where the offense being committed is
a class "C" violent felony.

 JUSTIFICATION :

Currently, a person can be charged with criminal use of a firearm in
the first degree or second degree when the offense that he or she is
committing with such firearm, real or fake, is either a class "B"
violent felony or a class "C" violent felony. If the actor is
committing a class "B" nonviolent felony, such as criminal sale of a
controlled substance in the third degree, he or she cannot also be
charged with criminal use of a firearm in the first degree. When any
felony is committed while the actor possesses a firearm, regardless of
whether it is real, fake or unloaded, the actor should be subject to
the same enhanced penalties. It is the possession of the firearm that
triggers the enhanced penalties, not the underlying offense.

Additionally, the enhanced penalties contained in Penal Law section
265.09, relating to criminal use of a firearm in the first degree,
only apply where the assailant actually carries a loaded weapon
capable of being fired. Perpetrators who only display what appears to
be a firearm are guilty of criminal use of a firearm in the first
degree, but are not subject to this increased penalty. There is no
basis for this distinction. Those who use actual firearms, and those
who carry fake or unloaded firearms, carry them for the same primary
purpose; to intimidate their victims into submission. Victims of these
crimes cannot be expected to distinguish between real and fake or
unloaded firearms when they perceive themselves to be at gunpoint.

The public safety is jeopardized regardless of whether the firearm
used to commit a felony is fake, real, or unloaded. Accordingly, the
law should treat these acts with equal severity, and criminals should
not be allowed to avoid the enhanced sentencing provisions contained
in Penal Law section 265.09 merely because the gun he or she used was
not, in hindsight, capable of being fired.

 LEGISLATIVE HISTORY :

2015: S.784 - Referred to Codes
2014: S.2237-D - 3rd Reading Calendar
2013: S.2237-C - 3rd Reading Calendar
2012: S.1407-B - Passed the Senate
2011: S.1407-B - Passed the Senate
2010: S.2110-A - Referred to Codes
2009: S.2110 - Referred to Codes

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2015-S784A (ACTIVE) - Bill Text download pdf

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

                                 784--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  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 vehicle and traffic law and the
  general business law, in relation to criminal use of a firearm in  the
  first  degree and to repeal certain provisions of the penal law relat-
  ing thereto

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

  Section  1. Section 265.09 of the penal law, as amended by chapter 650
of the laws of 1996, subdivision 2 as amended by chapter 1 of  the  laws
of 2013, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when he OR SHE commits any [class B violent] felony  offense  [as
defined  in paragraph (a) of subdivision one of section 70.02] and he OR
SHE either:
  (a) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
contrary, when a person is convicted of criminal use of a firearm in the
first  degree  as  defined in subdivision one of this section, the court
shall impose an additional consecutive sentence of  five  years  to  the
sentence  imposed  on  the  underlying  [class B violent] felony offense

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

                                                           LBD04536-03-6

S. 784--A                           2

where the person convicted of such crime displays a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may  be  discharged[,]  OR WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE,
SHOTGUN,  MACHINE  GUN OR OTHER FIREARM in furtherance of the commission
of such crime, provided, however, that such  additional  sentence  shall
not  be  imposed  if  the court, having regard to the nature and circum-
stances of the crime and to the history and character of the  defendant,
finds  on  the record that such additional consecutive sentence would be
unduly harsh and that not imposing such  sentence  would  be  consistent
with  the  public  safety and would not deprecate the seriousness of the
crime.  Notwithstanding any other provision of law to the contrary,  the
aggregate  of  the  five  year consecutive term imposed pursuant to this
subdivision and the minimum term of the [indeterminate] sentence imposed
on the underlying [class B violent]  felony  shall  constitute  the  new
aggregate  minimum  term  of  imprisonment, and a person subject to such
term shall be required to serve the entire aggregate  minimum  term  and
shall  not  be  eligible  for  release  on parole or conditional release
during such term. This subdivision shall not apply where the defendant's
criminal liability for displaying a loaded weapon  from  which  a  shot,
readily  capable  of  producing  death  or  other  serious injury may be
discharged[,] OR WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE,  SHOTGUN,
MACHINE  GUN  OR OTHER FIREARM in furtherance of the commission of crime
is based on the conduct of another pursuant to  section  20.00  of  this
chapter.
  S 2. Section 265.08 of the penal law is REPEALED.
  S 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal possession of a weapon in the second degree as defined  in  section
265.03,  [criminal  use  of a firearm in the second degree as defined in
section 265.08,] criminal sale of a firearm  in  the  second  degree  as
defined  in section 265.12, criminal sale of a firearm with the aid of a
minor as defined in section 265.14, aggravated criminal possession of  a
weapon as defined in section 265.19, soliciting or providing support for
an  act  of  terrorism in the first degree as defined in section 490.15,
hindering prosecution of terrorism in the second degree  as  defined  in
section  490.30, and criminal possession of a chemical weapon or biolog-
ical weapon in the third degree as defined in section 490.37.
  S 4. Paragraph (c) of subdivision 4 of section 509-cc of  the  vehicle
and  traffic  law,  as  amended  by  chapter 368 of the laws of 2015, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,

S. 784--A                           3

120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,  235.06,
235.07,  235.21,  240.06,  245.00,  260.10,  subdivision  two of section
260.20 and sections 260.25, 265.02, 265.03,  [265.08,]  265.09,  265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid  offenses  under  section  110.00 of the penal law, or any similar
offenses committed under a former section  of  the  penal  law,  or  any
offenses  committed  under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute  violations
of the aforesaid sections of the penal law.
  S  5. The opening paragraph of paragraph f of subdivision 1 of section
410 of the general business law, as amended by chapter 80 of the laws of
2015, is amended to read as follows:
  Conviction of any of the following crimes subsequent to  the  issuance
of a license or registration pursuant to this article: fraud pursuant to
sections  170.10,  170.15,  176.15,  176.20,  176.25, 176.30 and 190.65;
falsifying business records pursuant to section  175.10;  grand  larceny
pursuant  to  article  155; bribery pursuant to sections 180.03, 180.08,
180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,  200.45,
200.50;  perjury  pursuant  to  sections 210.10, 210.15, 210.40; assault
pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery pursuant to
article  160;  homicide  pursuant  to  sections   125.25   and   125.27;
manslaughter  pursuant  to  sections  125.15  and 125.20; kidnapping and
unlawful imprisonment pursuant to sections 135.10,  135.20  and  135.25;
unlawful  weapons  possession  pursuant  to  sections 265.02, 265.03 and
265.04; criminal use of a [weapon] FIREARM pursuant to [sections  265.08
and]  SECTION  265.09;  criminal  sale of a [weapon] FIREARM pursuant to
sections 265.11 and 265.12; compelling prostitution pursuant to  section
230.33;  sex  trafficking  pursuant  to section 230.34; and sex offenses
pursuant to article 130 of the penal law. Provided,  however,  that  for
the  purposes of this article, none of the following shall be considered
criminal convictions or reported as such: (i) a conviction for which  an
executive  pardon  has been issued pursuant to the executive law; (ii) a
conviction which has been vacated and replaced by  a  youthful  offender
finding  pursuant to article seven hundred twenty of the criminal proce-
dure law, or the applicable provisions of law of any other jurisdiction;
or (iii) a conviction the records of which have been expunged or  sealed
pursuant  to  the  applicable provisions of the laws of this state or of
any other jurisdiction; and (iv) a conviction for which  other  evidence
of successful rehabilitation to remove the disability has been issued.
  S 6. 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 S784A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2015-S784 - Details

2015-S784 - Summary

2015-S784 - Sponsor Memo

2015-S784 - Bill Text download pdf

co-Sponsors

2015-S784A (ACTIVE) - Details

2015-S784A (ACTIVE) - Summary

2015-S784A (ACTIVE) - Sponsor Memo

2015-S784A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S784A

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S784 - Details

2015-S784 - Summary

2015-S784 - Sponsor Memo

2015-S784 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S784A (ACTIVE) - Details

2015-S784A (ACTIVE) - Summary

2015-S784A (ACTIVE) - Sponsor Memo

2015-S784A (ACTIVE) - Bill Text download pdf

Comments