NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4061
SPONSOR: McKevitt (MS) TITLE OF BILL: An act to amend the penal law, in relation to increas-
ing penalties for criminal use of a firearm in the first degree when
committing a drug related felony offense
PURPOSE OR GENERAL IDEA OF BILL: To increase penalties when a firearm
is used in a drug related felony offense.
SUMMARY OF SPECIFIC PROVISIONS: 8265.09 Criminal use of a firearm in
the first degree.
Section 1: Amends (1) 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. (a) Amends to add unloaded weapon.
Section 2: Amends to increase the additional consecutive sentence from
the current five to ten years. 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 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.
JUSTIFICATION: Violence from drug related crimes is an increasing
problem which must be deterred. This bill will increase penalties as
well as broaden the defi- nition to include a crime committed with an
unloaded weapon.
PRIOR LEGISLATIVE HISTORY: A.5766 of 2014- Referred to Codes A.7545
of 2012- Held for consideration in Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall have become law.
