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A3248Assembly2017-2018 Session

Add 5 Years for Felonies

Official title

“Imposes an additional 5 years of imprisonment for certain offenses”

Sponsor Thomas McKevittAD-17+11 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill adds a mandatory five-year consecutive prison term for selling drugs or marijuana to minors under 16, or for committing a felony while possessing a loaded firearm.

Why it matters

  1. Targets two high-risk behaviors. by imposing an extra five-year prison term specifically for selling drugs or marijuana to minors under 16, or for committing any felony while carrying a loaded firearm—highlighting legislative intent to deter actions seen as especially dangerous to public safety.

  2. Mandates consecutive sentencing. , meaning the additional five years must be served after any other sentence, not at the same time, which significantly increases total prison time and could reshape plea negotiations and sentencing outcomes.

  3. Covers a wide range of offenses. , not just serious drug crimes but any felony committed with a loaded firearm, potentially affecting individuals involved in a broad spectrum of criminal activity, and increasing prosecutorial leverage in cases involving weapons.

  4. May influence both deterrence and incarceration rates. by raising the stakes for offenders in these categories, which could impact rates of recidivism, prison populations, and the approach of defense attorneys, judges, and prosecutors in relevant cases.

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Add 5 Years for Felonies

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Held for consideration in codes
  2. Referred to codes

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3248

2017-2018 Regular Sessions

IN ASSEMBLY

January 27, 2017

Introduced by M. of A. McKEVITT, GRAF, GARBARINO, RAIA, KOLB, FRIEND -- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to imposing an additional term of imprisonment for the sale of a controlled substance or marihuana to a person under the age of sixteen and for committing a felony while possessing a loaded firearm

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 70.16 to read as follows: § 70.16 Additional term of imprisonment for sale of controlled

substances or marihuana to a person under the age of sixteen

or committing a felony while in possession of a loaded

firearm, shotgun, rifle or machine-gun.

Notwithstanding the provisions of section 70.25 of this article, any person who is found guilty of or pleads guilty to criminal sale of a controlled substance in the fifth degree as defined in section 220.31 of this chapter, criminal sale of a controlled substance in the fourth degree as defined in section 220.34 of this chapter, criminal sale of a controlled substance in the third degree as defined in section 220.39 of this chapter, criminal sale of a controlled substance in the second degree as defined in section 220.41 of this chapter, criminal sale of a controlled substance in the first degree as defined in section 220.43 of this chapter, criminal sale of a controlled substance in or near school grounds as defined in section 220.44 of this chapter, criminal sale of marihuana in the third degree as defined in section 221.45 of this chapter, criminal sale of marihuana in the second degree as defined in section 221.50 of this chapter, or criminal sale of marihuana in the first degree as defined in section 221.55 of this chapter to a person under the age of sixteen or is found guilty of or pleads guilty to any

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04681-01-7

A. 3248 2

offense which is a felony and such person possessed a loaded firearm, shotgun, rifle or machine-gun, as defined in section 265.00 of this chapter, while committing such felony, shall in the interest of justice and, in addition to the penalty prescribed by any other provision of law, be sentenced to an additional term of imprisonment of five years, such term to run consecutively with respect to any other term that may be imposed by the court.

§ 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.