S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4152
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by M. of A. LAVINE, ABINANTI, BENEDETTO, GRIFFIN, SEAWRIGHT,
   SIMON, THIELE -- read once and referred 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.
                                                            LBD06639-01-1
              

 A. 4152                             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.