BILL NUMBER:A10686
TITLE OF BILL: An act to amend the penal law, in relation to nuisance
weapons that are utilized in a suicide attempt
Purpose:
This bill provides for the destruction of weapons used in suicide
attempts.
Summary of Provisions:
Section 1 of the bill amends Penal Law §400.05 to classify a weapon used
in a suicide attempt as a nuisance weapon, so that it would be destroyed
rather than returned to the person who used it in the suicide attempt.
Section 2 of the bill provides that it shall take effect on the thirti-
eth day after enactment.
Existing Law:
A weapon is deemed a "nuisance" if it is unlawfully possessed or used in
the commission of an "offense." Police and peace officers who come into
possession of such weapons are required to surrender them to specified
officials. Penal Law §400.05(1). Those officials, in turn, are required
to destroy such weapons. Penal Law §400.05(2). A suicide attempt, howev-
S T A T E O F N E W Y O R K
________________________________________________________________________
10686
I N A S S E M B L Y
April 14, 2010
___________
Introduced by M. of A. PERRY -- (at request of the Division of State
Police) -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to nuisance weapons that are
utilized in a suicide attempt
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 400.05 of the penal law, as
amended by chapter 350 of the laws of 1986, is amended to read as
follows:
1. Any weapon, instrument, appliance or substance specified in article
two hundred sixty-five, when unlawfully possessed, manufactured, trans-
ported or disposed of, or when utilized in the commission of an offense
OR A SUICIDE ATTEMPT, is hereby declared a nuisance. When the same shall
come into the possession of any police officer or peace officer, it
shall be surrendered immediately to the official mentioned in SUBPARA-
GRAPH (F) OF paragraph [(f)] ONE of subdivision [one] A of section
265.20, except that such weapon, instrument, appliance or substance
coming into the possession of the state police shall be surrendered to
the superintendent of state police.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07706-02-9
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.