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:S1459

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 of this bill 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 (N65.02), and such crime was committed at a place which is the dwelling or residence of a child under age 14 who is not present at the residence at the time of the act, a consecutive sentence of two and a half years is added on to the minimum sentence imposed on the underlying offense. If the underlying charge is committed at a place that is the dwelling or residence of a child under age 14 and in the presence of a child under age 14, the additional consecutive sentence is five years. Any person convicted under these provisions will not be eligible for parole until the minimum sentence and the additional sentence is served.

Criminal possession of a weapon in the fourth degree (N65.01) is intentionally 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 these firearms sales crimes are 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 dwellings that also serve as the home of a child who is 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 put not only the children, but also all of the law-abiding citizens in these communities, at grave risk of injury or death.

This legislation provides a solution that can be immediately implemented. 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

2014: S.2180 - 3rd Reading Calendar 2013: S.2180 - 3rd Reading Calendar 2012: S.2169-A - Passed the Senate 2011: S.2169 - Referred to Codes 2010: S.8148 - Referred to Rules

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.