STATE OF NEW YORK
________________________________________________________________________
1129
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. COLTON -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to sentences of imprisonment
for criminal possession of a weapon
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 70.15 of the penal law, as amended
2 by chapter 291 of the laws of 1993, is amended to read as follows:
3 1. Class A misdemeanor. A sentence of imprisonment for a class A
4 misdemeanor shall be a definite sentence. When such a sentence is
5 imposed the term shall be fixed by the court, and shall not exceed one
6 year; provided, however, that a sentence of imprisonment imposed upon a
7 conviction of criminal possession of a weapon in the fourth degree as
8 defined in subdivision one of section 265.01 must be for a period of no
9 less than one year when the conviction was the result of a plea of guil-
10 ty entered in satisfaction of an indictment or any count thereof charg-
11 ing the defendant with the class D violent felony offense of criminal
12 possession of a weapon in the third degree as defined in subdivision
13 four of section 265.02, except that the court may impose any other
14 sentence authorized by law upon a person who has not been previously
15 convicted in the five years immediately preceding the commission of the
16 offense for a felony or a class A misdemeanor defined in this chapter,
17 [if the court having regard to the nature and circumstances of the crime
18 and to the history and character of the defendant, finds on the record
19 that such sentence would be unduly harsh and that the alternative
20 sentence would be consistent with public safety and does not deprecate
21 the seriousness of the crime] and if the defendant has made a positive
22 identification to the arresting authorities of the person who supplied
23 said defendant with the weapon resulting in a conviction as set forth in
24 this subdivision.
25 § 2. This act shall take effect on the first of November next succeed-
26 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05223-01-1
