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