NY State Senate Bill 2017-S3358

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 03, 2018	referred to codes
Jan 23, 2017	referred to codes

2017-S3358 (ACTIVE) - Details

See Assembly Version of this Bill:: A2724
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.07, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6495
2011-2012: S2694, A2907
2013-2014: S3268, A2190
2015-2016: S3054, A1514
2019-2020: S3984, A2645
2021-2022: S2723, A4152
2023-2024: A1762

2017-S3358 (ACTIVE) - Summary

Creates the crime of related use of a lethal or explosive device; provides for additional 10 years imprisonment for certain crimes where a lethal or explosive device is used and; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

2017-S3358 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3358

 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 ten 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 ten
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 ten veer 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 ten years consecutive to the prison term
imposed on the underlying offense.

 FISCAL IMPLICATIONS :

None.

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

2017-S3358 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3358
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 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:
 § 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  TEN
 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.
                                                            LBD05853-01-7

 S. 3358                             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.
   § 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 S3358

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3358 (ACTIVE) - Details

2017-S3358 (ACTIVE) - Summary

2017-S3358 (ACTIVE) - Sponsor Memo

2017-S3358 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3358

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3358 (ACTIVE) - Details

2017-S3358 (ACTIVE) - Summary

2017-S3358 (ACTIVE) - Sponsor Memo

2017-S3358 (ACTIVE) - Bill Text download pdf

Comments