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