STATE OF NEW YORK
        ________________________________________________________________________
                                         784--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 7, 2015
                                       ___________
        Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes  --  recom-
          mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the  penal  law, the vehicle and traffic law and the
          general business law, in relation to criminal use of a firearm in  the
          first  degree and to repeal certain provisions of the penal law relat-
          ing thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 265.09 of the penal law, as amended by chapter 650
     2  of the laws of 1996, subdivision 2 as amended by chapter 1 of  the  laws
     3  of 2013, is amended to read as follows:
     4  § 265.09 Criminal use of a firearm in the first degree.
     5    (1)  A  person  is  guilty  of  criminal use of a firearm in the first
     6  degree when he or she commits any [class B violent] felony  offense  [as
     7  defined  in paragraph (a) of subdivision one of section 70.02] and he or
     8  she either:
     9    (a) possesses a deadly weapon, if the weapon is a loaded  weapon  from
    10  which a shot, readily capable of producing death or other serious injury
    11  may be discharged; or
    12    (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
    13  machine gun or other firearm.
    14    Criminal use of a firearm in the first degree is a class B felony.
    15    (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
    16  contrary, when a person is convicted of criminal use of a firearm in the
    17  first  degree  as  defined in subdivision one of this section, the court
    18  shall impose an additional consecutive sentence of  five  years  to  the
    19  sentence  imposed  on  the  underlying  [class B violent] felony offense
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04536-03-6