Assembly Bill A10069

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

                                  10069

                          I N  A S S E M B L Y

                              March 3, 2010
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Codes

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 265.45  to  read
as follows:
S 265.45 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
265.19 to read as follows:
S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR.
  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.

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

                                                           LBD15222-01-0

A. 10069                            2

  CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY.
S 265.19 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,  as
amended  by  chapter  738  of  the  laws of 2004, are amended to read as
follows:
  4. Certain class C felonies. Except as provided  in  subdivision  six,
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 felo-
nies 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  ARTI-
CLE  ONE  HUNDRED  TEN AND section 230.32, promoting prostitution in the
second degree as defined in section 230.30, CRIMINAL USE OF A WEAPON  BY
A  MINOR  AS  DEFINED  IN  SECTION  265.19, arson in the third degree as
defined in section 150.10 of this chapter, must be sentenced  to  impri-
sonment 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, 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:
  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.

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  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 265.45 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 take effect immediately and shall
apply to tuition awards for the 2010-2011 academic year and  all  subse-
quent academic years.