Provides enhanced sentencing for the offenses of criminal possession of a weapon and criminal sale of a firearm

1 Co-sponsor

• Tony Avella

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.