Senate Bill S2741

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

    S. 2741                                                  A. 6252

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 27, 2009
                               ___________

IN  SENATE  --  Introduced  by Sens. ADAMS, KRUEGER, MONSERRATE, PARKER,
  SERRANO -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. ORTIZ, DIAZ, JEFFRIES, KOON, BENE-
  DETTO,  BROOK-KRASNY,  BENJAMIN,  DINOWITZ,  CAMARA, SCHROEDER, CLARK,
  BOYLAND, HOOPER, PEOPLES, KAVANAGH -- Multi-Sponsored by -- M.  of  A.
  GOTTFRIED,  LAVINE, MAISEL, MARKEY, McENENY, MILLMAN, O'DONNELL, PHEF-
  FER, TOWNS, WEISENBERG -- read once and referred to the  Committee  on
  Codes

AN  ACT to amend the general business law and the penal law, in relation
  to establishing a statewide database to maintain and track coded ammu-
  nition and establishing penalties for  individuals  who  violate  such
  provisions;  and to amend the state finance law, in relation to estab-
  lishing the ammunition coding system database fund

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

  Section  1.  Legislative  findings.  The legislature hereby finds that
each year in the United States more than thirty percent of all homicides
involving a gun go unsolved. Handgun ammunition  accounts  for  approxi-
mately  eighty  percent of all ammunition sold within the United States.
Current technology for matching a bullet used in a crime to the gun that
fired it has worked moderately well for years, but presupposes that  the
weapon  was recovered by law enforcement. Ammunition coding is a new and
effective way for law enforcement to quickly identify persons of  inter-
est in gun crime investigations.
  S  2. The general business law is amended by adding a new section 396-
gg to read as follows:
  S 396-GG. AMMUNITION CODING SYSTEM DATABASE. 1. THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES IS RESPONSIBLE FOR ESTABLISHING AND MAINTAINING  AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-02-9

              

S. 2741                             2                            A. 6252

AMMUNITION  CODING  SYSTEM  DATABASE  CONTAINING  INFORMATION  FROM  THE
FOLLOWING:
  A.  THE  MANUFACTURER  REGISTRY. (I) EVERY MANUFACTURER SHALL REGISTER
WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY
THE DIVISION, AND SHALL MAINTAIN RECORDS ON THE BUSINESS PREMISES FOR  A
PERIOD  OF  SEVEN  YEARS  CONCERNING  ALL SALES, LOANS, AND TRANSFERS OF
AMMUNITION TO, FROM, OR WITHIN THE STATE.
  (II) EVERY MANUFACTURER SHALL CODE ANY  AMMUNITION  FOR  HANDGUNS  AND
ASSAULT  WEAPONS  SOLD OR MANUFACTURED AFTER JANUARY FIRST, TWO THOUSAND
TEN.
  B. THE VENDOR REGISTRY. EVERY VENDOR OF AMMUNITION SHALL REGISTER WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY  THE
DIVISION,  AND  SHALL  RECORD  THE  FOLLOWING  INFORMATION  IN  A FORMAT
PRESCRIBED BY THE DIVISION:
  (I) THE DATE OF THE TRANSACTION;
  (II) THE NAME OF THE TRANSFEREE;
  (III) THE PURCHASER'S DRIVER'S  LICENSE  NUMBER  OR  OTHER  GOVERNMENT
ISSUED IDENTIFICATION CARD NUMBER;
  (IV) THE DATE OF BIRTH OF THE PURCHASER;
  (V)  THE UNIQUE IDENTIFIER OF ALL HANDGUN AMMUNITION OR BULLETS TRANS-
FERRED; AND
  (VI) ANY OTHER INFORMATION DETERMINED NECESSARY BY THE DIVISION.
  EVERY VENDOR SHALL MAINTAIN THESE RECORDS  ON  THEIR  PREMISES  FOR  A
PERIOD OF AT LEAST THREE YEARS FROM THE DATE OF THE RECORDED PURCHASE.
  2. TO THE GREATEST EXTENT POSSIBLE OR PRACTICAL, THE AMMUNITION CODING
SYSTEM DATABASE SHALL BE BUILT WITHIN THE FRAMEWORK OF EXISTING FIREARMS
DATABASES. THE AMMUNITION CODING SYSTEM DATABASE SHALL BE OPERATIONAL NO
LATER THAN JANUARY FIRST, TWO THOUSAND ELEVEN.
  3.  PRIVACY  OF  INDIVIDUALS  IS  OF  THE UTMOST IMPORTANCE. ACCESS TO
INFORMATION IN THE AMMUNITION CODING SYSTEM DATABASE IS RESERVED FOR KEY
LAW ENFORCEMENT PERSONNEL AND TO BE RELEASED ONLY IN CONNECTION  WITH  A
CRIMINAL INVESTIGATION.
  4. THE COST OF MAINTAINING THE DATABASE SHALL BE FUNDED BY THE AMMUNI-
TION  CODING  SYSTEM DATABASE FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-ONE-H OF THE STATE FINANCE LAW. VENDORS SHALL  CHARGE  AN  ADDITIONAL
$.005  PER  BULLET OR ROUND OF AMMUNITION TO THE PURCHASER.  SUCH MONEYS
SHALL BE DEPOSITED INTO THE FUND.
  5. ANY PERSON IN POSSESSION OF NON-CODED AMMUNITION  MUST  DISPOSE  OF
SUCH AMMUNITION NO LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE.
  6.  A.  ANY  MANUFACTURER  THAT  WILLFULLY  FAILS  TO  COMPLY WITH THE
PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO ONE THOU-
SAND DOLLARS FOR A FIRST OFFENSE; A FINE OF UP TO FIVE THOUSAND  DOLLARS
FOR  A  SECOND  OFFENSE;  AND A FINE OF UP TO TEN THOUSAND DOLLARS FOR A
THIRD AND EACH SUBSEQUENT OFFENSE.
  B. ANY VENDOR THAT WILLFULLY FAILS TO COMPLY WITH  THE  PROVISIONS  OF
THIS  SECTION  SHALL  BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS
FOR A FIRST OFFENSE; A FINE OF UP TO TWO THOUSAND DOLLARS FOR  A  SECOND
OFFENSE;  AND A FINE OF UP TO FIVE THOUSAND DOLLARS FOR A THIRD AND EACH
SUBSEQUENT OFFENSE. IN ADDITION TO ANY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION,  A VENDOR MAY BE SUBJECT TO A TERM OF IMPRISONMENT OF LESS THAN
ONE YEAR FOR EACH VIOLATION.
  7. FOR PURPOSES OF THIS SECTION, "CODED  AMMUNITION"  MEANS  A  BULLET
CARRYING  A  UNIQUE IDENTIFIER THAT HAS BEEN APPLIED BY ETCHING ONTO THE
BASE OF THE BULLET PROJECTILE.
  S 3. The penal law is amended by adding a new section 265.45  to  read
as follows:

S. 2741                             3                            A. 6252

S 265.45 UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION.
  A  PERSON  IS GUILTY OF UNLAWFUL SALE OF UNCODED AMMUNITION WHEN HE OR
SHE:
  1. SELLS ANY AMMUNITION THAT HAS NOT BEEN CODED  PURSUANT  TO  SECTION
THREE HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW; OR
  2.  POSSESSES ANY AMMUNITION THAT IS UNCODED, OR THE CODE OF WHICH HAS
BEEN RENDERED UNREADABLE.
  UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION IS A CLASS A  MISDE-
MEANOR.
  S  4. The state finance law is amended by adding a new section 91-h to
read as follows:
  S 91-H. AMMUNITION CODING SYSTEM DATABASE FUND.  1.  THERE  IS  HEREBY
CREATED  IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE, A FUND TO BE KNOWN AS THE AMMUNITION CODING SYSTEM
DATABASE FUND.
  2. THE FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO  SECTION
THREE  HUNDRED  NINETY-SIX-GG  OF THE GENERAL BUSINESS LAW, OR ANY OTHER
MONEY APPROPRIATED TO THE FUND BY LAW.
  3. THE MONEYS OF THE FUND SHALL BE USED TO ESTABLISH AND MAINTAIN  THE
AMMUNITION  CODING  SYSTEM  DATABASE  CREATED  PURSUANT TO SECTION THREE
HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW.
  4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.