S T A T E O F N E W Y O R K ________________________________________________________________________ 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.