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History
- Referred to codes
- Referred to codes
Companion bill
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Creates the crime of related use of a lethal or explosive device
In Assembly Committee · Codes · Sponsor Charles Lavine
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3054
Title of bill
An act to amend the penal law, in relation to the related use of a lethal or explosive device
Purpose
To impose a sentence of ten years consecutive to whatever sentence is imposed on the underlying offense when the defendant possesses a lethal device such as a machine gun, pistol, revolver, shotgun, rifle, assault weapon, electric dart, stun gun, explosive device, bomb, grenade, rocket, missile or mine.
Summary of provisions
This legislation would add an additional consecutive sentence of ten years onto the sentence of an offender who commits any offense while in possession of a lethal or explosive device as described in the preceding paragraph.
That additional ten veer sentence will not be imposed if the defendant, within 60 days of arraignment on the indictment or superior court information, truthfully to the satisfaction of the court provides the district attorney with all the information the defendant has concerning the source or the sources of the lethal or explosive device.
The additional seven year sentence will not be waived when the use of the lethal or explosive device has resulted in the death of or serious injury to a person who was not a participant in the offense.
A defendant who qualifies for the waiver will be RULED out and will not have to serve the added consecutive seven year term. Those who fail to qualify will be RULED in and will have to serve that consecutive term.
Most of the illegal weapons used against New Yorkers do not lawfully originate within the State of New York and are smuggled into our state by lucrative underground networks. Intelligence garnered through the truthful debriefings of those who possess such illegal weapons while committing other crimes will provide substantial assistance to law enforcement in its effort to combat these underground smuggling networks. The ability to gather such crucially important intelligence will also provide substantial assistance to law enforcement in its effort to battle gangs and other underground criminal networks, which enterprises will be severely hampered once their criminal members have to fear that a conspirator arrested with a weapon while committing a crime will have to provide otherwise secretive intelligence on pain of having to serve an additional ten years consecutive to the prison term imposed on the underlying offense.
Fiscal implications
None.
Effective date
Takes effect on the first November next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.