NY State Senate Bill 2017-S3033

Senate Bill S3033

2017-2018 Legislative Session

Increases penalties for criminal use of a firearm in the first degree when committing a drug related felony offense

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 19, 2017	referred to codes

2017-S3033 (ACTIVE) - Details

See Assembly Version of this Bill:: A10665
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.09, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10425
2011-2012: A7545
2013-2014: A5766
2015-2016: S7138, A4061
2019-2020: A5690
2021-2022: A4714
2023-2024: A4225

2017-S3033 (ACTIVE) - Summary

Increases penalties for criminal use of a firearm in the first degree when committing a drug related felony offense.

2017-S3033 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3033

 TITLE OF BILL :  An act to amend the penal law, in relation to
increasing penalties for criminal use of a firearm in the first degree
when committing a drug related felony offense

 PURPOSE :

To increase penalties when a firearm is used in a drug related felony
offense.

 SUMMARY OF PROVISIONS :

Section 1 amends § 265.09 of the Penal Law to include committing any
drug related offense as defined in sections 220.31, 220.34, 220.39,
220.41, 220.43, 220.44 and 220.48 of this chapter and provides that
the possession element of the crime may be fulfilled by an unloaded
deadly weapon. This section further amends § 265.09 of the Penal Law
to increase the additional consecutive sentence from the current five
to ten years, and adds any drug related felony offense where the
person is convicted of such crime displays and loaded or unloaded
weapon from which a shot, readily capable of producing death or other
serious injury may be discharged or displays what appears to be a
pistol, revolver, rifle, shotgun, machine gun or other firearm. The
additional sentence shall be imposed by the court regardless of the
nature and circumstances of the crime and the history and character of

the defendant. The district attorney of any jurisdiction shall be
prohibited from dismissing this offense in the course of a plea
bargain.

Section 2 provides the effective date.

 EXISTING LAW :

Section 265.09 of the Penal Law currently provides a person is guilty
of criminal use of a firearm in the first degree when he commits any
class B violent felony offense as defined in § 70.02(1)(a) of the
Penal Law and he either possesses a loaded deadly weapon, or displays
what appears to be a firearm.

This bill adds the felony offenses defined in §§ 220.31, 220.34,
220.39, 220.41, 220.43, 220.44, 220.48 of the Penal Law and provides
that the weapon does not have to be loaded to be guilty of the crime
of criminal use of a firearm. Additional sentencing is also required.

 JUSTIFICATION :

Violence from drug related crimes is an increasing problem which must
be deterred. This bill will increase penalties as well as broaden the
definition to include a crime committed with an unloaded weapon.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2017-S3033 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3033
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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 increasing  penalties  for
   criminal  use  of a firearm in the first degree when committing a drug
   related felony offense

   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 and subdivision 2 as amended by  chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 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 OR COMMITS
 ANY DRUG RELATED FELONY OFFENSE AS DEFINED IN SECTIONS  220.31,  220.34,
 220.39,  220.41, 220.43, 220.44 AND 220.48 OF THIS CHAPTER and he OR SHE
 either:
   (a) possesses a deadly weapon, if the weapon is a loaded  OR  UNLOADED
 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. (A) 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] TEN years to
 the sentence imposed on the underlying class B violent felony offense OR
 DRUG RELATED FELONY OFFENSE where the person  convicted  of  such  crime
 displays  a loaded OR UNLOADED weapon from which a shot, readily capable
 of producing death or other serious injury may be discharged OR DISPLAYS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04664-01-7

 S. 3033                             2
 
 WHAT APPEARS TO BE A PISTOL, REVOLVER, 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 circumstances 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].    THE  ADDITIONAL
 SENTENCE  SHALL  BE  IMPOSED  BY  THE COURT REGARDLESS OF THE NATURE AND
 CIRCUMSTANCES OF THE CRIME AND TO  THE  HISTORY  AND  CHARACTER  OF  THE
 DEFENDANT. THE DISTRICT ATTORNEY OF ANY JURISDICTION SHALL BE PROHIBITED
 FROM DISMISSING THIS OFFENSE IN THE COURSE OF A PLEA BARGAIN.
   (B)  Notwithstanding  any  other provision of law to the contrary, the
 aggregate of the [five] TEN year consecutive term  imposed  pursuant  to
 this  subdivision  and  the  minimum  term of the indeterminate sentence
 imposed on the underlying class B violent felony OR DRUG RELATED  FELONY
 OFFENSE 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
 OR UNLOADED weapon from which a shot, readily capable of producing death
 or  other  serious injury may be discharged, OR DISPLAYS 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 anoth-
 er pursuant to section 20.00 of this chapter.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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