New York A 7458: Relates to the effectiveness of certain provisions of chapter 462 of the laws of 2015 amending the elder law relating to long term care ombudsman access to assisted living facilities

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A07458 Summary:

BILL NOA07458 

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SAME ASSAME AS S09640

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SPONSORLavine

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COSPNSR

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MLTSPNSR

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Add §265.18, Pen L

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Creates the crime of related use of a lethal or explosive device; provides for additional 10 years imprisonment for certain crimes where a lethal or explosive device is used; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

Go to top A07458 Actions:

BILL NOA07458 

&nbsp

03/28/2025referred to codes

01/07/2026referred to codes

Go to topA07458 Committee&nbspVotes:

Go to topA07458 Floor&nbspVotes:

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

Go to topA07458 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7458

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 28, 2025
 ___________

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

 AN ACT to amend the penal law, in relation to the related use of a
 lethal or explosive device

 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 § 265.18 Related use of lethal or explosive device.
 4 1. A person is guilty of related use of a lethal or explosive device
 5 when such person commits any offense while in possession of a lethal or
 6 explosive device.
 7 2. Notwithstanding any other provision of law to the contrary, any
 8 person convicted of related use of a lethal or explosive device shall,
 9 in addition to the punishment provided for the related or underlying
 10 offense, be sentenced to a determinate term of imprisonment for ten
 11 years, and the term of imprisonment imposed pursuant to this section
 12 shall not run concurrently with any other term of imprisonment including
 13 that imposed for the related or underlying crime.
 14 3. Any such non-concurrent term required to be imposed pursuant to
 15 this section shall, however, not be imposed if:
 16 (a) the defendant, within sixty days of the date of arraignment on the
 17 indictment or superior court information, which sixty day period may be
 18 extended in the discretion of the district attorney, shall truthfully to
 19 the satisfaction of the court provide the district attorney with all the
 20 information the defendant has concerning the source or sources of the
 21 lethal or explosive device; and
 22 (b) the use of such lethal or explosive device has not resulted in
 23 death or serious bodily injury to another person who was not a partic-
 24 ipant in the offense.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05567-01-5

 A. 7458 2

 1 4. So long as the statements made by the defendant to the district
 2 attorney relating to the sources of the lethal or explosive device are
 3 truthful, then (a) no statement so made shall be used as evidence
 4 against the defendant in any criminal proceedings except that the
 5 district attorney may use such statements for the purpose of cross-exa-
 6 mination, impeachment and rebuttal should the defendant ever offer
 7 contrary evidence, and (b) the district attorney may use as evidence
 8 against the defendant any independent evidence which may be derived
 9 through an investigation into the information so proffered by the
 10 defendant. At any hearing on the issue of whether the defendant's state-
 11 ments are truthful, the people shall bear the burden of showing that the
 12 statements are not truthful by proof beyond a reasonable doubt.
 13 5. The term: (a) "Lethal device" shall mean a machine gun, a pistol or
 14 revolver, either a shotgun, rifle or assault weapon of any length or any
 15 object made therefrom by alteration, modification or otherwise, an elec-
 16 tronic dart gun, and an electronic stun gun.
 17 (b) "Explosive device" shall mean any explosive, incendiary or poison
 18 gas, bomb, grenade, rocket having a propellant charge of more than four
 19 ounces, missile having an explosive or incendiary charge of more than
 20 one-quarter ounce, mine or any device similar to any of the devices
 21 described in this subdivision.
 22 (c) "Explosive" shall mean a