What's happening
This bill creates a new crime for committing any offense while possessing a lethal or explosive device, requiring an additional 10-year prison sentence unless the defendant cooperates with authorities about the device's source and no serious injury or death occurred.
Why it matters
Targets enhanced penalties for dangerous conduct. By adding a mandatory 10-year prison term for possessing lethal or explosive devices during any offense, the bill seeks to deter individuals from escalating criminal activity with weapons that pose mass harm.
Creates an incentive for cooperation. The only way to avoid the extra decade in prison is for defendants to fully and truthfully disclose to authorities the source of the device—potentially helping law enforcement track down arms traffickers or networks supplying such weapons.
Limits scope to avoid unjust outcomes. The exemption from the extra sentence is not available if the device caused death or serious injury, ensuring the harshest penalties are reserved for the most dangerous outcomes, while also protecting those who cooperate and where no one is gravely harmed.
Defines “lethal” and “explosive” devices broadly. The law covers a wide range of weapons—including guns, electronic stun guns, bombs, and chemical explosives—reflecting concern over the broad spectrum of devices that could be used in violent or terroristic acts.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Extra Penalty for Bomb Crimes
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.
Extra Penalty 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
2645
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. LAVINE, CRESPO, JAFFEE, McDONOUGH, COLTON, ABINANTI, 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
(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.
LBD04459-01-9
A. 2645 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.