S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2098
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. KAVANAGH, WRIGHT, BRENNAN, BROOK-KRASNY, DINOW-
         ITZ, JAFFEE, LIFTON,  MILLMAN,  ORTIZ,  PRETLOW,  SCHIMEL,  ZEBROWSKI,
         CASTRO,  COLTON,  DenDEKKER,  GLICK,  HOOPER, JACOBS, KELLNER, LENTOL,
         PERRY, RIVERA, SCARBOROUGH, BARRON, CAHILL,  AUBRY,  ROSENTHAL,  WEIN-
         STEIN,  COOK,  BOYLAND,  GUNTHER  --  Multi-Sponsored by -- M.   of A.
         CAMARA, GALEF, GOTTFRIED, HEASTIE,  HEVESI,  LUPARDO,  MAGEE,  MAISEL,
         PEOPLES-STOKES, RAIA, RAMOS, RUSSELL, SALADINO, THIELE, TITONE -- read
         once and referred to the Committee on Codes
       AN  ACT  to  amend the penal law, in relation to enhanced sentencing for
         criminal possession of a weapon or criminal sale of  a  firearm,  when
         the crime is committed at the home of a child
         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 265.18  to
    2  read as follows:
    3  S 265.18 ADDITIONAL  SENTENCE  WHEN  CRIMINAL  POSSESSION OF A WEAPON OR
    4             CRIMINAL SALE OF A FIREARM IS COMMITTED  AT  THE  HOME  OF  A
    5             CHILD.
    6    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, WHEN A
    7  PERSON IS CONVICTED OF CRIMINAL POSSESSION OF A  WEAPON  AS  DEFINED  IN
    8  SECTIONS  265.04,  265.03  OR  265.02,  OR CRIMINAL SALE OF A FIREARM AS
    9  DEFINED IN SECTIONS 265.16, 265.14, 265.13, 265.12, OR  265.11  OF  THIS
   10  ARTICLE  AND THE TRIER OF FACT DETERMINES BEYOND A REASONABLE DOUBT THAT
   11  THE CRIME WAS COMMITTED AT ANY DWELLING, MULTIPLE DWELLING OR  RESIDENCE
   12  WHERE  A  CHILD  UNDER  THE  AGE OF FOURTEEN YEARS OLD IS DOMICILED, THE
   13  COURT SHALL  IMPOSE  AN  ADDITIONAL  CONSECUTIVE  SENTENCE  OF  TWO  AND
   14  ONE-HALF YEARS TO THE MINIMUM TERM OF A SENTENCE IMPOSED ON THE UNDERLY-
   15  ING  FELONY  OFFENSE.  IF  THE  TRIER  OF  FACT ALSO DETERMINES BEYOND A
   16  REASONABLE DOUBT THAT THE CRIME WAS COMMITTED AT SUCH RESIDENCE AND SUCH
   17  CHILD OR ANOTHER CHILD UNDER THE AGE OF FOURTEEN YEARS OLD  WAS  PRESENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03182-01-3
       A. 2098                             2
    1  AT THE DWELLING, MULTIPLE DWELLING OR RESIDENCE, OR WITHIN THE CURTILAGE
    2  OF  SUCH,  AT  THE  TIME  OF THE COMMISSION OF THE CRIME, THE ADDITIONAL
    3  CONSECUTIVE SENTENCE SHALL BE NO LESS THAN  FIVE  YEARS.  HOWEVER,  SUCH
    4  ADDITIONAL  SENTENCE SHALL NOT BE IMPOSED IF THE COURT, HAVING REGARD TO
    5  THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY AND CHARAC-
    6  TER OF THE DEFENDANT, FINDS ON THE RECORD THAT SUCH  ADDITIONAL  CONSEC-
    7  UTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT NOT IMPOSING SUCH SENTENCE
    8  WOULD  BE  CONSISTENT WITH THE PUBLIC SAFETY AND WOULD NOT DEPRECATE THE
    9  SERIOUSNESS OF THE CRIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO
   10  THE  CONTRARY, THE AGGREGATE OF THE CONSECUTIVE TERM IMPOSED PURSUANT TO
   11  THIS SECTION AND THE MINIMUM TERM OF THE SENTENCE IMPOSED ON THE  UNDER-
   12  LYING  FELONY  SHALL CONSTITUTE THE NEW AGGREGATE MINIMUM TERM OF IMPRI-
   13  SONMENT, AND A PERSON SUBJECT TO SUCH TERM SHALL BE  REQUIRED  TO  SERVE
   14  THE  ENTIRE AGGREGATE MINIMUM TERM AND SHALL NOT BE ELIGIBLE FOR RELEASE
   15  ON PAROLE OR CONDITIONAL RELEASE DURING SUCH TERM.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.