Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm where such offenses occur at the residence of a child under age of fourteen.
STATE OF NEW YORK
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5572
2015-2016 Regular Sessions
IN ASSEMBLY
February 27, 2015
___________
Introduced by M. of A. KAVANAGH, WRIGHT, BRENNAN, BROOK-KRASNY, DINOW-
ITZ, JAFFEE, LIFTON, ORTIZ, PRETLOW, SCHIMEL, ZEBROWSKI, COLTON,
DenDEKKER, GLICK, HOOPER, LENTOL, PERRY, RIVERA, CAHILL, AUBRY, ROSEN-
THAL, COOK, GUNTHER -- Multi-Sponsored by -- M. of A. GALEF, GOTT-
FRIED, HEVESI, LUPARDO, MAGEE, PEOPLES-STOKES, RAIA, RAMOS, RUSSELL,
SALADINO, THIELE, TITONE -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to enhanced sentencing for
criminal possession of a weapon or criminal sale of a firearm, when
the crime is committed at the home of a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 265.18 to
2 read as follows:
3 § 265.18 Additional sentence when criminal possession of a weapon or
4 criminal sale of a firearm is committed at the home of a
5 child.
6 Notwithstanding any other provision of law to the contrary, when a
7 person is convicted of criminal possession of a weapon as defined in
8 sections 265.04, 265.03 or 265.02, or criminal sale of a firearm as
9 defined in sections 265.16, 265.14, 265.13, 265.12, or 265.11 of this
10 article and the trier of fact determines beyond a reasonable doubt that
11 the crime was committed at any dwelling, multiple dwelling or residence
12 where a child under the age of fourteen years old is domiciled, the
13 court shall impose an additional consecutive sentence of two and one-
14 half years to the minimum term of a sentence imposed on the underlying
15 felony offense. If the trier of fact also determines beyond a reasonable
16 doubt that the crime was committed at such residence and such child or
17 another child under the age of fourteen years old was present at the
18 dwelling, multiple dwelling or residence, or within the curtilage of
19 such, at the time of the commission of the crime, the additional consec-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04569-01-5
A. 5572 2
1 utive sentence shall be no less than five years. However, such addi-
2 tional sentence shall not be imposed if the court, having regard to the
3 nature and circumstances of the crime and to the history and character
4 of the defendant, finds on the record that such additional consecutive
5 sentence would be unduly harsh and that not imposing such sentence would
6 be consistent with the public safety and would not deprecate the seri-
7 ousness of the crime. Notwithstanding any other provision of law to the
8 contrary, the aggregate of the consecutive term imposed pursuant to this
9 section and the minimum term of the sentence imposed on the underlying
10 felony shall constitute the new aggregate minimum term of imprisonment,
11 and a person subject to such term shall be required to serve the entire
12 aggregate minimum term and shall not be eligible for release on parole
13 or conditional release during such term.
14 § 2. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
