S T A T E O F N E W Y O R K
________________________________________________________________________
2914
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. KOON, BOYLAND, O'DONNELL, DINOWITZ, MILLMAN,
ZEBROWSKI, EDDINGTON, COOK -- Multi-Sponsored by -- M. of A. BING,
CAHILL, COLTON, DIAZ, GALEF, GOTTFRIED, JOHN, LAVINE, LIFTON, MAYER-
SOHN, PHEFFER, ROBINSON, WEISENBERG -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to entering identifying
information into the criminal gun clearinghouse
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 4 and 5 of section 230 of the executive
law, as added by chapter 189 of the laws of 2000, are amended to read as
follows:
2. The superintendent of the division of state police, in cooperation
with the United States department of [treasury] JUSTICE, bureau of alco-
hol, tobacco [and], firearms AND EXPLOSIVES and district attorneys in
New York state, shall develop and implement a strategy for the interdic-
tion of guns illegally entering New York from supplier states. The stra-
tegy shall include identifying and prosecuting gun traffickers and
suppliers of such guns who may be violating federal, state or local
laws, and cooperating with the United States department of [treasury]
JUSTICE, bureau of alcohol, tobacco [and], firearms AND EXPLOSIVES and
appropriate prosecutorial agencies and law enforcement agencies in
supplier states in the investigation and enforcement of such laws.
District attorneys are authorized to enter into collaborative agreements
with prosecutorial and other governmental agencies and entities in
supplier states in an effort to stop the movement of illegal guns into
New York.
4. (A) The superintendent of the division of state police shall estab-
lish and maintain within the division a criminal gun clearinghouse as a
central repository of information regarding all guns seized, forfeited,
found or otherwise coming into the possession of any state or local law
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02280-01-9
A. 2914 2
enforcement agency which are believed to have been used in the commis-
sion of a crime. The superintendent of the division of state police
shall adopt and promulgate regulations prescribing reporting procedures
for such state or local law enforcement agencies, including the form for
reporting such information. In addition to any other information which
the superintendent of the division of state police may require, the form
shall require [(a)](I) the serial number [or], BALLISTIC INFORMATION AND
other identifying information on the gun, EXPENDED PROJECTILE OR
EXPENDED SHELL CASING, if available and [(b)](II) a brief description of
the circumstances under which the gun, EXPENDED PROJECTILE OR EXPENDED
SHELL CASING came into the possession of the law enforcement agency,
including the crime which was or may have been committed with the gun.
(B) ANY GUN, EXPENDED PROJECTILE OR EXPENDED SHELL CASING SEIZED,
FOUND, OR OTHERWISE COMING INTO POSSESSION OF ANY STATE OR LOCAL LAW
ENFORCEMENT AGENCY SHALL BE SUBMITTED TO THE DIVISION OF STATE POLICE,
WHICH SHALL ENTER (I) THE SERIAL NUMBER, BALLISTIC INFORMATION AND IDEN-
TIFYING INFORMATION ON THE GUN, EXPENDED PROJECTILE, OR EXPENDED SHELL
CASING, IF AVAILABLE; AND (II) A BRIEF DESCRIPTION OF THE CIRCUMSTANCES
UNDER WHICH THE GUN, EXPENDED PROJECTILE OR EXPENDED SHELL CASING CAME
INTO THE POSSESSION OF THE LAW ENFORCEMENT AGENCY, INTO THE CRIMINAL GUN
CLEARINGHOUSE ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(C) MATERIALS REQUIRED TO BE SUBMITTED TO THE DIVISION OF STATE POLICE
SHALL BE SUBMITTED WITHIN THIRTY DAYS OF COMING INTO THE POSSESSION OF A
STATE OR LOCAL LAW ENFORCEMENT AGENCY. SUCH MATERIALS SHALL BE TESTED OR
EXAMINED AS REQUIRED BY THIS SUBDIVISION WITHIN THIRTY DAYS OF THEIR
RECEIPT BY THE DIVISION.
5. In any case where a state or local law enforcement agency investi-
gates the commission of a crime in this state and a specific gun is
known to have been used in such crime, such agency shall submit a
request FOR A TRACE OF SUCH GUN to:
(A) the national tracing center of the United States [Department]
DEPARTMENT of [Treasury] JUSTICE, bureau of alcohol, tobacco [and],
firearms AND EXPLOSIVES to trace the movement of such gun [and such
federal agency shall be requested to provide the superintendent of the
division of state police and the local law enforcement agency with the
results of such a trace], AND
(B) THE PISTOL AND REVOLVER BALLISTIC IDENTIFICATION DATABANK ESTAB-
LISHED PURSUANT TO SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL
BUSINESS LAW.
This subdivision shall not apply where the source of a gun is already
known to a local law enforcement agency.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.