State Legislature And Governor Announce Agreement On Crucial Criminal Justice Issues

Senator Thomas Morahan announced on December 21, 2005 that the Senate, Assembly and Governor reached agreement on two pieces of legislation that would increase penalties for those who injure or kill police officers, and toughen current laws that will help to keep illegal guns off our streets.

"As a result of this legislation,we will be able to give our law enforcement officials the tools they need to get more illegal guns off the streets, and ensure that those who injure or kill our police officers face much tougher penalties," said Senator Morahan.

· The criminal sale of a weapon offenses are graded in the Penal Law by

three degrees ranging in seriousness from a Class D felony to a Class B

felony. The illegal sale of a single firearm is a Class D non-violent

felony [Penal Law §265.11]; the illegal sale of 10 or more firearms is a

Class C violent felony offense [Penal Law §265.12]; and the illegal sale of

20 or more firearms is a Class B violent felony offense [Penal Law

§265.13].

· The new law will amend these provisions by (1) classifying the Class D

felony offense of the illegal sale of even one firearm as a violent felony

offense; (2) punishing as a Class C violent felony the illegal sale of 5 or

more firearms; and (3) punishing as a Class B violent felony the illegal

sale of 10 or more firearms.

· Under current law, the criminal possession of a weapon is penalized by

four offenses which range in seriousness from a Class A misdemeanor to a

Class B felony. With respect to the illegal possession of multiple

firearms, the Penal Law does not include similar gradations. The Penal Law

[Penal Law 265.02(5)] sanctions the illegal possession of 20 or more

firearms as a Class D violent felony offense punishable by a minimum

determinate sentence of 2 years and a maximum of 7 years. An offender who

possesses 19 or fewer firearms can be charged only with a mere Class A

misdemeanor, punishable by up to a year in jail.

· The new law will strengthen existing law by: 1) reducing from 20 to 3

the number of firearms required to be possessed for the Class D violent

felony offense; 2) creating a new Class C violent felony offense for the

illegal possession of 5 or more firearms [carrying a determinate sentence

of at least 3 ½ years and up to 15 years]; and (3) creating a new Class B

violent felony offense for the illegal possession of 10 or more firearms

[carrying a determinate sentence of at least 5 years or up to 25 years].

· In addition, the new law recognizes the fact that gun traffickers often

evade the strict felony penalties for multiple illegal sales by

intentionally restricting the number of firearms that they sell in a single

transaction.

· This measure amends the law to eliminate this loophole by augmenting the

"single transaction" standard with a one year rule. For example, under

current law, a gun trafficker who illegally sells one gun each month over

the course of a year could only be charged with a D non-violent felony for

each of those transactions. Under the new law, the trafficker would be

charged with a B violent felony offense.

The new law will toughen the minimum penalties for crimes committed

against a police officer.

· Murder of a Police Officer, Peace Officer or Corrections Employee: The

new law guarantees Life Without Parole for the intentional murder of these

law enforcement officers. When the sentencing judge does not opt for Life

Without Parole, current law allows for a sentence of life, with a minimum

of 20 - 25 years.

· Attempted Murder 1 of a Police Officer, Peace Officer or Corrections

Employee: Current law allows for a sentence of life, with a minimum of 15 -

25 years. The new law increases the minimums to 20- 40 to life.

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