Assembly Bill A2768

2015-2016 Legislative Session

Relates to strengthening prison sentences for illegal gun possession

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A2768 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§70.17, 265.07 & 265.06-a, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A7582

2015-A2768 (ACTIVE) - Summary

Relates to strengthening prison sentences for illegal gun possession.

2015-A2768 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2768

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. KATZ -- Multi-Sponsored by -- M. of A. BORELLI,
  CROUCH, DiPIETRO, FINCH, GARBARINO, HAWLEY, McLAUGHLIN, TENNEY, WALTER
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal  law,  in  relation  to  strengthening  prison
  sentences for illegal gun possession

  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  70.17  to
read as follows:
S 70.17 MANDATORY   MINIMUM   SENTENCES   OF   IMPRISONMENT   AND   BAIL
          RESTRICTIONS FOR UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM.
  1. ANY INDIVIDUAL WITH A PRIOR CONVICTION FOR A VIOLENT FELONY  PURSU-
ANT  TO SECTION 70.02 OF THIS ARTICLE WHO IS SUBSEQUENTLY OR CONTEMPORA-
NEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM  PURSUANT
TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A TERM OF IMPRISONMENT NOT
LESS  THAN  FIVE  YEARS AND SHALL NOT BE ELIGIBLE FOR PAROLE PURSUANT TO
SECTION 70.40 OF THIS ARTICLE. SUCH SENTENCE SHALL  RUN  CONSECUTIVE  TO
ANY OTHER SENTENCE OF IMPRISONMENT.
  2.  ANY  INDIVIDUAL  CONVICTED  OF CRIMINAL POSSESSION OF A FIREARM ON
SCHOOL PROPERTY PURSUANT TO SECTION 265.06-A  OF  THIS  CHAPTER  WHO  IS
SUBSEQUENTLY OR CONTEMPORANEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN
ILLEGAL FIREARM PURSUANT TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A
TERM  OF IMPRISONMENT NOT LESS THAN FIVE YEARS AND SHALL NOT BE ELIGIBLE
FOR PAROLE PURSUANT TO SECTION 70.40  OF  THIS  ARTICLE.  SUCH  SENTENCE
SHALL RUN CONSECUTIVE TO ANY OTHER SENTENCE OF IMPRISONMENT.
  3.  ANY INDIVIDUAL WITH A PRIOR CONVICTION FOR POSSESSION OF MORE THAN
SIXTEEN OUNCES OF MARIJUANA, COCAINE OR HEROIN UNDER ARTICLE TWO HUNDRED
TWENTY-ONE OR TWO HUNDRED TWENTY OF THIS CHAPTER WHO IS SUBSEQUENTLY  OR
CONTEMPORANEOUSLY CONVICTED OF UNLAWFUL POSSESSION OF AN ILLEGAL FIREARM
PURSUANT  TO SECTION 265.07 OF THIS CHAPTER SHALL SERVE A TERM OF IMPRI-
SONMENT NOT LESS THAN FIVE YEARS AND SHALL NOT BE  ELIGIBLE  FOR  PAROLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04427-01-5

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