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NY S02237
Bill
Status
1/15/2013
Primary Sponsor
Martin Golden
Click for details
AI Summary
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Amends Penal Law Section 265.09 to redefine criminal use of a firearm in the first degree to include displaying what appears to be a firearm (rather than requiring possession of a loaded, functional weapon).
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Requires an additional consecutive five-year sentence when a person displays a loaded weapon or what appears to be a firearm in furtherance of committing a felony, with judicial discretion to waive if the sentence would be unduly harsh.
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Repeals Penal Law Section 265.08 (criminal use of a firearm in the second degree) and removes references to it from Section 70.02 (violent felony offenses) and Vehicle and Traffic Law Section 509-cc.
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Updates General Business Law Section 410 to reference only Section 265.09 for criminal use of a weapon convictions that may result in license revocation.
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Takes effect on November 1st following the date the bill becomes law.
Legislative Description
Relates to criminal use of a firearm in the first degree; provides that the firearm displayed need not be real for additional penalties to apply.
Last Action
COMMITTED TO RULES
6/20/2014