What's happening
This bill creates a new crime for committing any offense while possessing a lethal or explosive device, with a mandatory additional ten-year prison sentence unless certain cooperation conditions are met.
Why it matters
Targets a broad range of crimes. This law applies to any offense committed while possessing a lethal or explosive device, not just violent crimes, potentially increasing penalties for a wide array of criminal acts if such a device is present.
Severe mandatory sentencing. By adding a mandatory, non-concurrent ten-year prison sentence on top of other penalties, the bill significantly raises the stakes for anyone found with lethal or explosive devices during a crime, aiming to deter their use and possession.
Incentivizes cooperation with law enforcement. The only way to avoid the extra decade in prison is for the defendant to fully and truthfully disclose the source of the device to authorities within a set timeframe, encouraging offenders to help dismantle illegal supply networks.
Provides limited legal protections for cooperating defendants. Statements made by defendants when providing information about the source of the device cannot generally be used against them in other criminal proceedings, except for impeachment purposes or if independent evidence is found, balancing law enforcement interests with due process concerns.
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Who cares
People charged with offenses involving possession of firearms, stun guns or explosives
The bill would impose an additional, consecutive ten-year prison term for committing any offense while possessing a covered device.
District attorneys
Prosecutors would receive defendants’ information about device sources and could extend the sixty-day disclosure deadline for an exception to the added sentence.
Criminal defense attorneys
The bill would let qualifying defendants avoid the added sentence through truthful source disclosures, with limited protections against using those statements as evidence.
Criminal court judges
Judges would determine whether source disclosures are satisfactory, while prosecutors would bear the burden of proving any alleged untruthfulness beyond a reasonable doubt.
Headline styles
Tougher Penalties for Bomb Crimes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Add Penalty for Weapon Use
In Assembly Committee · Codes · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3358
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed 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
(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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05853-01-7
S. 3358 2
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.
Sponsor's memo
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.