S2180-2013 Actions

• Apr 22, 2013: ORDERED TO THIRD READING CAL.386
• Apr 22, 2013: REPORTED AND COMMITTED TO RULES
• Jan 14, 2013: REFERRED TO CODES

S2180-2013 Meetings

S2180-2013 Calendars

S2180-2013 Votes

S2180-2013 Memo

BILL NUMBER:S2180

TITLE  OF BILL:   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

PURPOSE:    The  purpose of this bill is to target criminals who possess
and sell firearms in residences that also serve as the home of  children
under the age of fourteen.

SUMMARY OF PROVISIONS:

Section  1.  Adds  a new section, 265.18, to the Penal Law that provides
for an additional sentence  when  weapons  are  illegally  possessed  or
firearms  are  illegally  sold  in a home that is also the dwelling of a
child under the age of fourteen or in the presence of such child.    The
bill  provides that when a person is convicted of criminal possession of
a weapon in the first degree (Penal Law �265.04), second  degree  (Penal
Law  �265.03) or third degree (�265.02), and such crime was committed at
a place which is the dwelling or residence of a child under  age  24,  a
consecutive  sentence of two and a half years is added on to the minimum
sentence. If this crime is committed in the presence of  a  child  under
age  14,  the  enhanced  consecutive  sentence is five years. Any person
convicted under these provisions will not be eligible for  parole  until
the minimum sentence and the enhanced sentence is served.

Criminal possession of a weapon in the fourth degree (�265.01) is inten-
tionally  excluded  because  it  is a misdemeanor and the purpose of the
bill is to target felons.

The enhanced sentencing provisions also apply to the criminal sale of  a
firearm in the first through third degree (Penal Law � 265.14, � 265.13,
�  265.12 and � 265.11) and criminal sale of a firearm to a minor (Penal
Law �265.16). All of the firearms sales crimes are also felonies.

EXISTING LAW:   Current law provides  none  of  the  enhanced  penalties
described in this bill.

JUSTIFICATION:    The  purpose  of  this bill is to target criminals who
possess and sell firearms in residences that also serve as the  home  of
children under the age of fourteen. In many instances, these individuals
are also dealing or using drugs in a dwelling that is located in a large
apartment building or housing complex. Often, young children either live
in or around these dwellings. The activities of these criminals puts not
only the children, but all of the law abiding citizens in these communi-
ties at grave risk of injury or death.

This  Legislation  provides  a  solution  that can be immediately imple-
mented. The enhanced sentencing provided in this  bill  is  designed  to
make the lives of drug dealers and other kinds of gangsters miserable to

the  point  where it is no longer in their best interest to dwell in and
terrorize these communities.

LEGISLATIVE HISTORY:  S.2169A- Passed Senate 02/13/12

FISCAL IMPLICATIONS:  None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE  DATE:    The  first  of  November next succeeding the date it
becomes law.

S2180-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2180
 2013-2014 Regular Sessions
 I N  SENATE
 January 14, 2013
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
 printed to be committed 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:

 

Section  1. The penal law is amended by adding a new section 265.18 to
 read as follows:

 

S 265.18 ADDITIONAL SENTENCE WHEN CRIMINAL POSSESSION  OF  A  WEAPON  OR
 CRIMINAL  SALE  OF  A  FIREARM  IS COMMITTED AT THE HOME OF A
 CHILD.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  WHEN  A
 PERSON  IS  CONVICTED  OF  CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN
 SECTIONS 265.04, 265.03 OR 265.02, OR CRIMINAL  SALE  OF  A  FIREARM  AS
 DEFINED  IN  SECTIONS  265.16, 265.14, 265.13, 265.12, OR 265.11 OF THIS
 ARTICLE AND THE TRIER OF FACT DETERMINES BEYOND A REASONABLE DOUBT  THAT
 THE  CRIME WAS COMMITTED AT ANY DWELLING, MULTIPLE DWELLING OR RESIDENCE
 WHERE A CHILD UNDER THE AGE OF FOURTEEN  YEARS  OLD  IS  DOMICILED,  THE
 COURT  SHALL  IMPOSE  AN  ADDITIONAL  CONSECUTIVE  SENTENCE  OF  TWO AND
 ONE-HALF YEARS TO THE MINIMUM TERM OF A SENTENCE IMPOSED ON THE UNDERLY
 ING FELONY OFFENSE. IF THE  TRIER  OF  FACT  ALSO  DETERMINES  BEYOND  A
 REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT SUCH RESIDENCE AND SUCH
 CHILD  OR  ANOTHER CHILD UNDER THE AGE OF FOURTEEN YEARS OLD WAS PRESENT
 AT THE DWELLING, MULTIPLE DWELLING OR RESIDENCE, OR WITHIN THE CURTILAGE
 OF SUCH, AT THE TIME OF THE COMMISSION  OF  THE  CRIME,  THE  ADDITIONAL
 CONSECUTIVE  SENTENCE  SHALL  BE  NO LESS THAN FIVE YEARS. HOWEVER, SUCH
 ADDITIONAL SENTENCE SHALL NOT BE IMPOSED IF THE COURT, HAVING REGARD  TO
 THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY AND CHARAC
 TER  OF  THE DEFENDANT, FINDS ON THE RECORD THAT SUCH ADDITIONAL CONSEC
 UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03182-01-3
 
       S. 2180                             2
 WOULD BE CONSISTENT WITH THE PUBLIC SAFETY AND WOULD NOT  DEPRECATE  THE
 SERIOUSNESS  OF THE CRIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
 THE CONTRARY, THE AGGREGATE OF THE CONSECUTIVE TERM IMPOSED PURSUANT  TO
 THIS  SECTION AND THE MINIMUM TERM OF THE SENTENCE IMPOSED ON THE UNDER
 LYING FELONY SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM  OF  IMPRI
 SONMENT,  AND  A  PERSON SUBJECT TO SUCH TERM SHALL BE REQUIRED TO SERVE
 THE ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE ELIGIBLE FOR  RELEASE
 ON PAROLE OR CONDITIONAL RELEASE DURING SUCH TERM.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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