New York A 1584: Relates to the installation of water monitoring systems at class C high hazard dams

Bill Text

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A01584 Summary:

BILL NOA01584 

&nbsp

SAME ASNo Same As

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SPONSORMikulin

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COSPNSR

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MLTSPNSR

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Amd §265.09, Pen L

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Increases penalties for criminal use of a firearm in the first degree when committing a drug related felony offense.

Go to top A01584 Actions:

BILL NOA01584 

&nbsp

01/10/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA01584 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA01584 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01584 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1584

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 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 increasing penalties for
 criminal use of a firearm in the first degree when committing a drug
 related felony offense

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 265.09 of the penal law, as amended by chapter 650
 2 of the laws of 1996 and subdivision 2 as amended by chapter 1 of the
 3 laws of 2013, is amended to read as follows:
 4 § 265.09 Criminal use of a firearm in the first degree.
 5 (1) A person is guilty of criminal use of a firearm in the first
 6 degree when [he] such person commits any class B violent felony offense
 7 as defined in paragraph (a) of subdivision one of section 70.02 or
 8 commits any drug related felony offense as defined in sections 220.31,
 9 220.34, 220.39, 220.41, 220.43, 220.44 and 220.48 of this chapter and
 10 [he] such person either:
 11 (a) possesses a deadly weapon, if the weapon is a loaded or unloaded
 12 weapon from which a shot, readily capable of producing death or other
 13 serious injury may be discharged; or
 14 (b) displays what appears to be a pistol, revolver, rifle, shotgun,
 15 machine gun or other firearm.
 16 Criminal use of a firearm in the first degree is a class B felony.
 17 (2) Sentencing. (a) Notwithstanding any other provision of law to the
 18 contrary, when a person is convicted of criminal use of a firearm in the
 19 first degree as defined in subdivision one of this section, the court
 20 shall impose an additional consecutive sentence of [five] ten years to
 21 the sentence imposed on the underlying class B violent felony offense or
 22 drug related felony offense where the person convicted of such crime
 23 displays a loaded or unloaded weapon from which a shot, readily capable
 24 of producing death or other serious injury may be discharged or displays

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00140-01-5

 A. 1584 2

 1 what appears to be a pistol, revolver, shotgun, machine gun or other
 2 firearm, in furtherance of the commission of such crime[, provided,
 3 however, that such additional sentence shall not be imposed if the
 4 court, having regard to the nature and circumstances of the crime and to
 5 the history and character of the defendant, finds on the record that
 6 such additional consecutive sentence would be unduly harsh and that not
 7 imposing such sentence would be consistent with the public safety and
 8 would not deprecate the seriousness of the crime]. The additional
 9 sentence shall be imposed by the court regardless of the nature and
 10 circumstances of the crime and to the history and character of the
 11 defendant. The district attorney of any jurisdiction shall be prohibited
 12 from dismissing this offense in the course of a plea bargain.
 13 (b) Notwithstanding any other provision of law to the contrary, the
 14 aggregate of the [five] ten year consecutive term imposed pursuant to
 15 this subdivision and the minimum term of the indeterminate sentence
 16 imposed on the underlying class B violent felony or drug related