New York Senate Bill S09640

New York 2025-2026 Regular Session

• Introduced: 3/31/26
• Refer: 3/31/26

Caption

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.

Summary

S09640 would create a new crime in the Penal Law for the “related use of a lethal or explosive device.” A person would commit this offense when they commit any other offense while in possession of a defined lethal or explosive device. In addition to the sentence for the underlying crime, the bill requires a separate determinate prison term of 10 years, and that term must run consecutively rather than concurrently with any other sentence imposed. The bill also creates a limited exception to the mandatory additional sentence. The extra 10-year term would not be imposed if, within 60 days of arraignment, the defendant truthfully provides the district attorney with all information they have about the source or sources of the lethal or explosive device, and if the device’s use did not cause death or serious bodily injury to a non-participant. The bill further protects those statements from being used against the defendant in most criminal proceedings, while allowing their use for impeachment or rebuttal and allowing independent evidence derived from the information to be used by prosecutors.

Impact

This bill would amend the New York Penal Law by adding section 265.18 and would expand criminal liability and sentencing exposure for offenses involving firearms, stun guns, explosive devices, and similar weapons. It would create a new sentencing enhancement that applies on top of the punishment for the underlying offense, with a mandatory consecutive 10-year term unless the defendant qualifies for the cooperation-based exception. The bill would therefore affect defendants charged with crimes committed while armed with or using the listed devices, and it would give prosecutors an incentive to seek information about weapons sources and supply chains.

Sentiment

There is no recorded committee transcript or vote history in the provided materials, so no direct public debate is available. Based on the bill text alone, the measure appears to reflect a tough-on-crime approach focused on deterring armed and explosive-device-related offenses and increasing penalties for those crimes. The inclusion of a cooperation exception suggests an additional law-enforcement objective of encouraging defendants to disclose weapon sources.

Contention

The main policy tension in the bill is between public-safety enforcement and sentencing severity. Supporters would likely view the mandatory consecutive 10-year term as a strong deterrent and a tool for disrupting the supply of illegal weapons and explosives. Potential critics may object to the breadth of the trigger—any offense committed while in possession of a defined device—and to the mandatory nature of the additional sentence, which limits judicial discretion. The cooperation exception may also be controversial because it conditions relief on timely disclosure and on the absence of death or serious bodily injury, which could be seen as either a useful investigative incentive or an uneven sentencing carveout.