What's happening
This bill creates a new crime with an automatic 10-year prison sentence for committing any offense while possessing a lethal or explosive device, with some exceptions.
Why it matters
Creates a strong deterrent. By imposing a mandatory, non-concurrent 10-year sentence for possessing a lethal or explosive device during any offense, the bill aims to sharply increase the consequences for carrying such weapons, potentially discouraging their use in criminal activities.
Targets the sources of dangerous devices. The bill incentivizes defendants to cooperate with law enforcement by providing information about the origin of the lethal or explosive device. If they provide truthful and satisfactory information, and if no serious injury or death occurred, the mandatory sentence can be avoided.
Limits how cooperation statements are used. Statements made by defendants about the source of the device cannot be used against them in most criminal proceedings, except for impeachment or if independent evidence is found, encouraging candid cooperation without fear of self-incrimination.
Broadens the definition of covered weapons. The law covers a wide range of devices—including machine guns, pistols, shotguns, assault weapons, electronic stun guns, bombs, and various explosives—ensuring that a variety of potentially deadly tools are included under its provisions.
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Who cares
Headline styles
Add Penalty for Weapon Use
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Bomb Crimes
In Senate Committee · Codes · Sponsor Liz Krueger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2724
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. LAVINE, McDONOUGH, CRESPO, JAFFEE, COLTON, ABINANTI, TITONE, BENEDETTO, SIMON, SEAWRIGHT, THIELE -- Multi-Sponsored by -- M. of A. ARROYO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the related use of a lethal or explosive device
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 265.07 to read as follows: § 265.07 Related use of lethal or explosive device.
1. A person is guilty of related use of a lethal or explosive device when he or she commits any offense while in possession of a lethal or explosive device.
2. Notwithstanding any other provision of law to the contrary, any person convicted of related use of a lethal or explosive device shall, in addition to the punishment provided for the related or underlying offense, be sentenced to a determinate term of imprisonment for ten years, and the term of imprisonment imposed pursuant to this section shall not run concurrently with any other term of imprisonment including that imposed for the related or underlying crime.
3. Any such non-concurrent term required to be imposed pursuant to this section shall, however, not be imposed if:
(a) the defendant, within sixty days of the date of arraignment on the indictment or superior court information, which sixty day period may be extended in the discretion of the district attorney, shall truthfully to the satisfaction of the court provide the district attorney with all the information the defendant has concerning the source or sources of the lethal or explosive device; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05853-01-7
A. 2724 2
(b) the use of such lethal or explosive device has not resulted in death or serious bodily injury to another person who was not a participant in the offense.
4. So long as the statements made by the defendant to the district attorney relating to the sources of the lethal or explosive device are truthful, then (a) no statement so made shall be used as evidence against the defendant in any criminal proceedings except that the district attorney may use such statements for the purpose of cross-examination, impeachment and rebuttal should the defendant ever offer contrary evidence, and (b) the district attorney may use as evidence against the defendant any independent evidence which may be derived through an investigation into the information so proffered by the defendant. At any hearing on the issue of whether the defendant's statements are truthful, the people shall bear the burden of showing that the statements are not truthful by proof beyond a reasonable doubt.
5. The term: (a) "Lethal device" shall mean a machine gun, a pistol or revolver, either a shotgun, rifle or assault weapon of any length or any object made therefrom by alteration, modification or otherwise, an electronic dart gun, and an electronic stun gun.
(b) "Explosive device" shall mean any explosive, incendiary or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine or any device similar to any of the devices described in this subdivision.
(c) "Explosive" shall mean any chemical compound mixture or device, the primary purpose of which is to function by explosion.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.