NY S08418

Adds new Penal Law Section 265.18 to impose enhanced sentencing for criminal possession of a weapon (PL §265.02, §265.03, §265.04) or criminal sale of a firearm (PL §265.11, §265.12, §265.13, §265.14, §265.16) committed at a dwelling where a child under 14 years old is domiciled.

Mandates an additional consecutive sentence of two and one-half years to the minimum term of the underlying felony when the crime is committed at a residence where a child under 14 resides.

Increases the additional consecutive sentence to no less than five years if a child under 14 was present at the dwelling or within its cartilage at the time of the crime.

Allows a court to decline imposing the additional sentence if it finds on the record that doing so would be unduly harsh and that not imposing it would be consistent with public safety and not deprecate the seriousness of the crime.

Makes the aggregate of the additional consecutive term and the underlying felony sentence the new aggregate minimum term, requiring the entire term to be served without parole or conditional release eligibility.

Takes effect on November 1 following the date the bill becomes law.