|
ALBANY---Gov. George E. Pataki and the state Legislature have reached an agreement on two pieces of legislation that will increase penalties for those who injure or kill police officers, and strengthen gun control laws.
In the compromise, Assembly Speaker Sheldon Silver dropped his proposal that would have addressed legal gun retail sales and Gov. Pataki withdrew his proposal that would have included the death penalty as a possible punishment for the killing of a police officer.
Pataki had called the special legislative session to deal with criminal justice issues following the recent shooting deaths of two New York City police officers in separate incidents.
The new Anti-Gun Trafficking law will strengthen existing law by reducing from 20 to 3 the number of firearms required to be possessed for the Class D violent felony offense; creating a new Class C violent felony offense for the illegal possession of 5 or more firearms, carrying a determinate sentence of at least 3 ½ years and up to 15 years ; and creating a new Class B violent felony offense for the illegal possession of 10 or more firearms, carrying a determinate sentence of at least 5 years or up to 25 years.
In addition, the new law recognizes the fact that gun traffickers often evade the strict felony penalties for multiple illegal sales by intentionally restricting the number of firearms that they sell in a single transaction.
This measure amends the law to eliminate this loophole by augmenting the "single transaction" standard with a one year rule. For example, under current law, a gun trafficker who illegally sells one gun each month over the course of a year could only be charged with a D non-violent felony for each of those transactions. Under the new law, the trafficker would be charged with a B violent felony offense.
The Crimes Against Police Act will toughen the minimum penalties for crimes committed against a police officer.
The new law guarantees life without parole for the intentional murder of a police officer, peace officer or corrections employee. When the sentencing judge does not opt for life without parole, current law allows for a sentence of life, with a minimum of 20 to 25 years. 12-21-05
© 2005 North
Country Gazette
|
