senate Bill S1810A

Enacts the Gun Trafficking Prevention Act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Feb / 2013
    • AMEND AND RECOMMIT TO CODES
  • 12 / Feb / 2013
    • PRINT NUMBER 1810A
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Enacts the Gun Trafficking Prevention Act; creates offenses of illegal gun trafficking, criminal possession of a weapon by a minor, criminal use of a weapon by a minor, and lost or stolen firearm to be reported; also amends penalties and eligibility for tuition awards by students on probation or parole for weapons convictions.

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Bill Details

Versions:
S1810
S1810A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§265.45, 265.18, 265.18-a & 265.27, amd §§60.05 & 80.00, Pen L; amd §661, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4536
2009-2010: A10069

Sponsor Memo

BILL NUMBER:S1810A

TITLE OF BILL: An act to amend the penal law, in relation to the prohi-
bition of illegal gun trafficking, criminal possession of a weapon by a
minor and criminal use of a weapon by a minor, failure to report a lost
or stolen firearm, and fines for gun trafficking; and to amend the
education law, in relation to the eligibility for tuition awards to
students on probation or parole for weapons convictions

PURPOSE OR GENERAL IDEA OF BILL: To enact several measures to curb ille-
gal use and distribution of a weapon.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes the short title as the "gun Traffick-
ing Prevention Act."

Section 2 of the bill amends the penal law by adding a new section
265.50. This section defines illegal gun trafficking and sets the penal-
ty for illegal gun trafficking as a class B felony.

Section 3 of the bill adds two new sections, 265.18 and 265.18-a, to the
penal law. These sections define criminal possession of a weapon by a
minor and criminal use of a weapon by a minor. Criminal possession of a
minor is a class D felony and criminal use of a weapon by a minor is a
class C felony.

Section 4 of the bill amends subdivisions 4 and 5 of section 60.05 of
the penal law to provide that the offenses listed in sections 2 and 3 of
the bill are punishable by a sentence of imprisonment in accordance with
section 70.00 of the penal law.

Section 5 of the bill amends the penal law by adding section 265.27.
This section defines the crime of failure to report a lost or stolen
firearm. An intentional failure to make a report is a class A misdemea-
nor.

Section 6 of the bill amends paragraph d of subdivision 6 of section 661
of the education law. This section states that: no student who has been
convicted of any weapons possession, transport or sale will be eligible
to apply for tuition awards for the next succeeding academic semester.

Section 7 of the bill amends paragraph c of subdivision 1 of section
80.00 of the penal law, as amended by chapter 336 of the laws of 1989,
for the purpose of adding the new offenses created in this bill to the
current penal law.

Section 8 of the bill sets forth the effective date.

JUSTIFICATION: This legislation combines-several measures that will help
law enforcement officials decrease gun violence. These measures increase

penalties for: criminal possession of a weapon by a minor, criminal use
of a weapon by a minor and failure to report a lost or stolen firearm,
as well as allowing for a temporary suspension of tuition awards for
students that have been sentenced for gun crimes. with these measures,
law enforcement and communities will be better able to combat gun
violence.

PRIOR LEGISLATIVE HISTORY: 2010: A.10069 (Benjamin) - Codes Provisions
in this legislation can be found in A.2938, A.2940, A.3061 and A.9864.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately, provided that:
a. sections two, three and five of this act shall take effect on the
first of November next succeeding the date on which it shall have become
a law; b. sections four and seven of this act shall take effect on the
one hundred twentieth day after it shall have become a law; and c.
section six of this act shall apply to tuition awards for the 2013-2014
academic year And all subsequent academic years.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1810--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on  Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to the prohibition of illegal
  gun trafficking, criminal possession of a weapon by a minor and crimi-
  nal use of a weapon by a minor, failure to report  a  lost  or  stolen
  firearm,  and  fines  for  gun trafficking; and to amend the education
  law, in relation to the eligibility for tuition awards to students  on
  probation or parole for weapons convictions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Gun Trafficking Prevention Act".
  S  2.  The penal law is amended by adding a new section 265.50 to read
as follows:
S 265.50 ILLEGAL GUN TRAFFICKING.
  A PERSON IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH  PERSON  KNOW-
INGLY   AND  INTENTIONALLY  DISTRIBUTES,  TRANSPORTS,  SHIPS,  RECEIVES,
BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS:
  1. BEEN USED DURING THE COMMISSION OF A CRIME;
  2. BEEN STOLEN;
  3. HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED,  OBLIT-
ERATED OR ALTERED; OR
  4. BEEN DEFACED.
  ILLEGAL GUN TRAFFICKING IS A CLASS B FELONY.
  S  3.  The  penal law is amended by adding two new sections 265.18 and
265.18-a to read as follows:
S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02242-02-3

S. 1810--A                          2

  1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON  BY  A  MINOR
WHEN,  BEING  UNDER  EIGHTEEN  YEARS  OF  AGE,  HE  OR SHE POSSESSES ANY
FIREARM, RIFLE OR SHOTGUN.
  2.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
POSSESSES A RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING  LICENSE  OR
PERMIT  ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE.
  CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY.
S 265.18-A CRIMINAL USE OF A WEAPON BY A MINOR.
  A PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN,  BEING
UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A
FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME.
  CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY.
  S  4. Subdivisions 4 and 5 of section 60.05 of the penal law, subdivi-
sion 4 as amended by chapter 738 of the laws of 2004, subdivision  5  as
amended  by  chapter  405  of  the  laws of 2010, are amended to read as
follows:
  4. Certain class C felonies. Except as provided in subdivision six  OF
THIS SECTION, every person convicted of a class C violent felony offense
as  defined  in  subdivision one of section 70.02 of this title, must be
sentenced to imprisonment in  accordance  with  section  70.02  of  this
title; and, except as provided in subdivision six of this section, every
person  convicted  of  the class C felonies of: attempt to commit any of
the class B felonies of bribery  in  the  first  degree  as  defined  in
section  200.04,  bribe  receiving  in  the  first  degree as defined in
section 200.12, conspiracy in the second degree as  defined  in  section
105.15  and  criminal mischief in the first degree as defined in section
145.12; criminal usury in the first degree as defined in section 190.42,
rewarding official misconduct in the first degree as defined in  section
200.22,  receiving reward for official misconduct in the first degree as
defined in section 200.27, attempt to promote prostitution in the  first
degree as defined in ARTICLE ONE HUNDRED TEN AND section 230.32, promot-
ing  prostitution  in  the  second  degree as defined in section 230.30,
CRIMINAL USE OF A WEAPON BY A MINOR  AS  DEFINED  IN  SECTION  265.18-A,
arson  in the third degree as defined in section 150.10 of this chapter,
must be sentenced to imprisonment in accordance with  section  70.00  of
this title.
  5.  Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of  assault
in  the second degree as defined in section 120.05, strangulation in the
second degree as defined in section 121.12,  CRIMINAL  POSSESSION  OF  A
WEAPON  BY  A  MINOR AS DEFINED IN SECTION 265.18 or attempt to commit a
class C felony as defined in section 230.30 of  this  chapter,  must  be
sentenced in accordance with section 70.00 or 85.00 of this title.
  S  5.  The penal law is amended by adding a new section 265.27 to read
as follows:
S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED.
  AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST
OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE
WHERE SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF  SUCH
LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT.
  AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR.
  S 6. Paragraph d of subdivision 6 of section 661 of the education law,
as  added  by  chapter  83  of  the  laws of 1995, is amended to read as
follows:

S. 1810--A                          3

  d. No student who is incarcerated in any federal, state or other penal
institution shall be eligible for any general  or  academic  performance
award  made pursuant to this article.  NO STUDENT WHO HAS BEEN CONVICTED
OF ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY  ON
PROBATION  OR  PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO APPLY FOR
OR RECEIVE ANY GENERAL OR ACADEMIC PERFORMANCE AWARD  MADE  PURSUANT  TO
THIS   ARTICLE  UNTIL  SUCH  STUDENT  IS  SUCCESSFULLY  DISCHARGED  FROM
PROBATION OR PAROLE WHEREUPON SUCH STUDENT SHALL BE  ELIGIBLE  TO  APPLY
FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER.
  S  7.  Paragraph c of subdivision 1 of section 80.00 of the penal law,
as amended by chapter 338 of the laws of 1989, is  amended  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty [or], two hundred twenty-one OR SECTION 265.50 of  this  chapter,
according to the following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support.
  S 8. This act shall take effect immediately, provided that:
  a.  sections  two, three and five of this act shall take effect on the
first of November next succeeding the date on which it shall have become
a law;
  b. sections four and seven of this act shall take effect  on  the  one
hundred twentieth day after it shall have become a law; and
  c.  section  six  of  this  act  shall apply to tuition awards for the
2013-2014 academic year and all subsequent academic years.

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