BILL NUMBER: S7258
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the penal law, the general business law and the vehicle
and traffic law, in relation to criminal use of a firearm; and to repeal
sections 265.08 and 265.09 of the penal law relating thereto
 
PURPOSE:
Establishes class A-1 felony of criminal use of a firearm for possessing
a deadly weapon or displaying a gun during the commission of a class A
or violent felony.
 
SUMMARY OF PROVISIONS:
Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of the laws of
2006 and paragraph (b) as amended by chapter 1 of the laws of 2013.
Section 2. Sections 265.08 and 265.09 of the penal law are REPEALED and
a new section 265.50 is added.
Section 3. Paragraph f of subdivision 1 of section 410 of the general
business law, as added by chapter 80 of the laws of 2015 is amended.
Section 4. Paragraph (a) of subdivision 4 of section 509-cc of vehicle
and traffic law, as amended by chapter 400 of the laws of 2011.
Section 5: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law, provided that
the provisions of sections one and two of this act shall not only apply
to offenses committed on or after such effective date.
 
JUSTIFICATION:
This bill would make it a class A-1 felony of criminal use of a firearm
for possessing a deadly weapon or displaying a gun during the commission
of a class A or violent felony. Crimes committed with a deadly weapon
should carry tough penalties to let potential criminals know that they
will be in prison for a long period of time. Victims of these crimes
need assurance from government and law enforcement, who's duty it is to
protect the residents of New York State, that those who commit these
types of crimes are severely punished.
 
LEGISLATIVE HISTORY:
2024: S.4657 - Referred to Codes
2023: S.4657 - Referred to Codes
2022: S.5614 - Referred to Codes
2021: S.5614 - Referred to Codes
2020: S.1783 - Referred to Codes
2019: S.1783 - Referred to Codes
2018: S.6191 - Referred to Codes / A.8225 - Referred to Codes
2017: S.6191 - Referred to Codes / A.8225 - Referred to Codes
2016: S.3479-A - Recommit to Codes
2015: S.3479 - Referred to Codes
2014: S.4161-A - Recommit to Codes/ A.6224-A - Recommit to Codes
2013: S.4161 - Referred to Codes/ A.6224 - Referred to Codes
2012: S.5518-A - Recommit to Codes / A.822A - Recommit to Codes
2011: S.5518-Referred to Codes/ A.8222- Referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect November 1, next succeeding the date on which
it shall have become a law, provided that the provisions of sections one
and two of this act shall only apply to offenses committed on or after

Statutes affected:
S7258: 509-cc vehicle and traffic law, 509-cc(4) vehicle and traffic law