Assembly Bill A7000A

2013-2014 Legislative Session

Creates the offense of criminal use of a firearm in connection with a crime; repealer

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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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Bill Amendments

2013-A7000 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
A5800, A7165

2013-A7000 - Summary

Relates to criminal use of a firearm in the first degree; provides that the firearm displayed need not be real for additional penalties to apply.

2013-A7000 - Bill Text download pdf

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

                                  7000

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend  the  penal  law, the vehicle and traffic law and the
  general business law, in relation to criminal use of a firearm in  the
  first  degree and to repeal certain provisions of the penal law relat-
  ing thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 265.09 of the penal law, as amended by chapter 650
of the laws of 1996, subdivision 2 as amended by chapter 1 of  the  laws
of 2013, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when he OR SHE commits any [class B violent] felony  offense  [as
defined  in  paragraph  (a)  of subdivision one of section 70.02] and he
[either:
  (a) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b)]  OR  SHE  displays  what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
contrary, when a person is convicted of criminal use of a firearm in the
first  degree  as  defined in subdivision one of this section, the court
shall impose [an additional] A consecutive sentence of five years to the
sentence imposed on the underlying  [class  B  violent]  felony  offense
where  the person convicted of such crime displays [a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged,] WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE,  SHOT-
GUN,  MACHINE  GUN  OR OTHER FIREARM in furtherance of the commission of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03184-04-3
              

2013-A7000A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.09 & 70.02, rpld §265.08, Pen L; amd §509-cc, V & T L; amd §410, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
A5800, A7165

2013-A7000A (ACTIVE) - Summary

Relates to criminal use of a firearm in the first degree; provides that the firearm displayed need not be real for additional penalties to apply.

2013-A7000A (ACTIVE) - Bill Text download pdf

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

                                 7000--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Codes  -- recommitted to the Committee on Codes in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  penal  law, the vehicle and traffic law and the
  general business law, in relation to criminal use of a firearm in  the
  first  degree and to repeal certain provisions of the penal law relat-
  ing thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 265.09 of the penal law, as amended by chapter 650
of the laws of 1996, subdivision 2 as amended by chapter 1 of  the  laws
of 2013, is amended to read as follows:
S 265.09 Criminal use of a firearm in the first degree.
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when he OR SHE commits any [class B violent] felony  offense  [as
defined  in  paragraph  (a)  of subdivision one of section 70.02] and he
[either:
  (a) possesses a deadly weapon, if the weapon is a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b)]  OR  SHE  displays  what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
contrary, when a person is convicted of criminal use of a firearm in the
first  degree  as  defined in subdivision one of this section, the court
shall impose an additional consecutive sentence of  five  years  to  the
sentence  imposed  on  the  underlying  [class B violent] felony offense
where the person convicted of such crime displays a loaded  weapon  from
which a shot, readily capable of producing death or other serious injury

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03184-06-3
              

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