New York A 5817: Enhances sentences for certain offenses involving weapons on or near school grounds

Bill Text

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A05817 Summary:

BILL NOA05817 

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SAME ASSAME AS S06787

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SPONSORButtenschon

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COSPNSRKay

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MLTSPNSR

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Add §70.11, amd §100.08, Pen L; amd §§380.1 & 381.3, Fam Ct Act; amd §§720.35, 720.15, 510.10 & 722.23, add
§510.55, CP L; amd §212, R & SS L; amd §6342, CPLR

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Enhances sentences for certain offenses involving weapons on or near school grounds; relates to the availability of certain records of juvenile delinquents or youthful offenders; relates to annual earnings limitations for certain retired police officers employed by a school district or a board of cooperative educational services; adds a defendant's identifiable ties to the community and state to consideration for whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family; allows courts to hold a pre-trial community safety and well-being hearing; relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist; exempts adolescent offenders who were illegally in possession of a loaded firearm from those authorized to be removed to family court; modifies the crime of criminal solicitation in the third degree.

Go to top A05817 Actions:

BILL NOA05817 

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02/20/2025referred to codes

01/07/2026referred to codes

Go to topA05817 Committee&nbspVotes:

Go to topA05817 Floor&nbspVotes:

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

Go to topA05817 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5817

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. BUTTENSCHON -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law, in relation to enhancing sentences for
 certain offenses involving weapons on or near school grounds; to amend
 the family court act and the criminal procedure law, in relation to
 the availability of certain records; to amend the retirement and
 social security law, in relation to annual earnings limitations for
 certain retired police officers; to amend the criminal procedure law,
 in relation to adding a defendant's identifiable ties to the communi-
 ty, state and/or county to consider whether to fix a securing order;
 to amend the civil practice law and rules and the criminal procedure
 law, in relation to allowing courts to hold a pre-trial community
 safety and well-being hearing; to amend the criminal procedure law, in
 relation to the court's consideration of the existence of extraor-
 dinary circumstances and significant physical injury in determining
 whether to remove adolescent offenders to family court; to amend the
 criminal procedure law, in relation to adolescent offenders authorized
 to be removed to family court; and to amend the penal law, in relation
 to modifying the crime of criminal solicitation in the third degree

 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 70.11 to
 2 read as follows:
 3 § 70.11 Sentences of imprisonment for weapons offenses on or near school
 4 grounds; aggravating factors.
 5 Matters occurring while on or within five thousand feet of school
 6 grounds, as defined in subdivision fourteen of section 220.00 of this
 7 chapter, shall result in the following enhancement of such sentence:
 8 (a) For offenses committed under section 265.01 of this chapter, the
 9 sentence shall reflect a class E felony;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09881-01-5

 A. 5817 2

 1 (b) For offenses committed under section 265.01-a of this chapter, the
 2 sentence shall reflect a class D felony;
 3 (c) For offenses committed under section 265.01-b of this chapter, the
 4 sentence shall reflect a class D felony;
 5 (d) For offenses committed under section 265.01-c of this chapter, the
 6 sentence shall reflect a class E felony;
 7 (e) For offenses committed u