McDonough, DeStefano, Montesano, Morinello, Smith, Hawley, Angelino, Tannousis, Ra
MLTSPNSR
Add §60.14, Pen L
Relates to mandatory dispositions and the commission of a felony offense while in possession of a firearm; provides an additional five years imprisonment.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4762
SPONSOR: Mikulin TITLE OF BILL:
An act to amend the penal law, in relation to mandatory dispositions and
commission of a felony offense while in possession of a firearm
PURPOSE OR GENERAL IDEA OF BILL:
Provides for an additional term of 5 years imprisonment for committing a
felony while in possession of a loaded firearm.
SUMMARY OF PROVISIONS:
Adds a new section 70.16 to the penal law.
JUSTIFICATION:
If this legislation is enacted into law, it is anticipated that the
increased penalties of possessing a loaded firearm while in commission
of a felony will serve as a deterrent to potential offender.. thus
lowering the occurrence of the crimes.
PRIOR LEGISLATIVE HISTORY:
2020 referred to codes
2020 held for consideration in codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of November after the date on
which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4762
2021-2022 Regular Sessions
IN ASSEMBLY
February 8, 2021
___________
Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to mandatory dispositions and
commission of a felony offense while in possession of a firearm
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 60.14 to
2 read as follows:
3 § 60.14 Mandatory dispositions; commission of a felony offense while in
4 possession of a firearm.
5 When a person is convicted of a felony offense that has been committed
6 while in the possession or accompaniment of a firearm, the court's
7 sentence of such defendant in accordance with the provisions of article
8 seventy of this title shall include a mandatory additional sentence of
9 imprisonment for five years.
10 § 2. This act shall take effect on the first of November next succeed-
11 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07740-01-1
