S T A T E   O F   N E W   Y O R K
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                                         1638
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. KOLB, REILICH, SALADINO, MONTESANO -- Multi-Spon-
         sored  by  --  M. of A.   BARCLAY, CROUCH, FINCH, FITZPATRICK, GIGLIO,
         JORDAN, McDONOUGH, OAKS,  RAIA,  TEDISCO,  TENNEY  --  read  once  and
         referred to the Committee on Codes
       AN  ACT to amend the penal law, in relation to the minimum sentence upon
         conviction for the class B violent felony offense of criminal use of a
         firearm in the first degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 2 of section 265.09 of the penal law, as added
    2  by chapter 650 of the laws of 1996, is amended to read as follows:
    3    (2) Sentencing. Notwithstanding any other  provision  of  law  to  the
    4  contrary, when a person is convicted of criminal use of a firearm in the
    5  first  degree  as  defined in subdivision one of this section, the court
    6  shall impose an additional consecutive sentence of  five  years  to  the
    7  minimum  term of [an indeterminate] A sentence imposed on the underlying
    8  class B violent felony offense where the person convicted of such  crime
    9  displays a loaded weapon from which a shot, readily capable of producing
   10  death  or  other serious injury may be discharged, in furtherance of the
   11  commission of  such  crime,  provided,  however,  that  such  additional
   12  sentence  shall not be imposed if the court, having regard to the nature
   13  and circumstances of the crime and to the history and character  of  the
   14  defendant, finds on the record that such additional consecutive sentence
   15  would  be  unduly  harsh  and  that  not imposing such sentence would be
   16  consistent with the public safety and would not deprecate  the  serious-
   17  ness  of  the crime.   Notwithstanding any other provision of law to the
   18  contrary, the aggregate of the five year consecutive term imposed pursu-
   19  ant to this subdivision and the  minimum  term  of  the  [indeterminate]
   20  sentence  imposed on the underlying class B violent felony shall consti-
   21  tute the new aggregate  minimum  term  of  imprisonment,  and  a  person
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00887-01-3
       A. 1638                             2
    1  subject  to  such  term  shall be required to serve the entire aggregate
    2  minimum term and shall not be eligible for release on parole  or  condi-
    3  tional  release during such term. This subdivision shall not apply where
    4  the  defendant's  criminal liability for displaying a loaded weapon from
    5  which a shot, readily capable of producing death or other serious injury
    6  may be discharged, in furtherance of the commission of crime is based on
    7  the conduct of another pursuant to section 20.00 of [the penal law] THIS
    8  CHAPTER.
    9    S 2. This act shall take effect immediately.