S T A T E O F N E W Y O R K
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5382
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. KOON, ENGLEBRIGHT, PHEFFER, CUSICK -- Multi-Spon-
sored by -- M. of A. CARROZZA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the Police
Officer Safety Act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known as and may be cited as the "Police
Officer Safety Act".
S 2. Paragraphs (c) and (d) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 7 of the laws of 2007, are amended to
read as follows:
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, rape in the second degree as defined in section
130.30, criminal sexual act in the second degree as defined in section
130.45, sexual abuse in the first degree as defined in section 130.65,
course of sexual conduct against a child in the second degree as defined
in section 130.80, aggravated sexual abuse in the third degree as
defined in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven [or],
eight, NINE OR TEN of section 265.02, criminal sale of a firearm in the
third degree as defined in section 265.11, intimidating a victim or
witness in the second degree as defined in section 215.16, soliciting or
providing support for an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in the first degree as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06880-01-9
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defined in section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
(d) Class E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a weapon in the third degree as
defined in subdivision five, six, seven [or], eight, NINE OR TEN of
section 265.02 as a lesser included offense of that section as defined
in section 220.20 of the criminal procedure law, persistent sexual abuse
as defined in section 130.53, aggravated sexual abuse in the fourth
degree as defined in section 130.65-a, falsely reporting an incident in
the second degree as defined in section 240.55 and placing a false bomb
or hazardous substance in the second degree as defined in section
240.61.
S 3. Section 70.02 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, EXCEPT SECTION
70.08, THE SENTENCE IMPOSED UPON A PERSON WHO STANDS CONVICTED OF THE
CLASS B VIOLENT FELONY OFFENSE OF AGGRAVATED ASSAULT UPON A POLICE OFFI-
CER OR A PEACE OFFICER, AS DEFINED IN SECTION 120.11, MUST BE A DETERMI-
NATE SENTENCE OF IMPRISONMENT THE TERM OF WHICH MUST BE AT LEAST TWENTY
YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS.
S 4. Subdivision 2 of section 70.25 of the penal law, as amended by
chapter 56 of the laws of 1984, is amended to read as follows:
2. When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission, or
through an act or omission which in itself constituted one of the
offenses and also was a material element of the other, the sentences,
except if one or more of such sentences is for a violation of SUBDIVI-
SION NINE OR TEN OF SECTION 265.02 OR section 270.20 of this chapter,
must run concurrently.
S 5. Subdivision 18 of section 265.00 of the penal law, as added by
chapter 646 of the laws of 1986, is amended to read as follows:
18. "Armor piercing ammunition" means any ammunition [capable of being
used in pistols or revolvers] containing a projectile or projectile
core[, or a projectile or projectile core for use in such ammunition,
that is] constructed entirely (excluding the presence of traces of other
substances) from one or a combination of any of the following: tungsten
alloys, steel, iron, brass, bronze, beryllium copper, [or] uranium,
CERAMICS, OR POLYMER PLASTICS AND CAPABLE OF BEING USED IN PISTOLS AND
REVOLVERS.
S 6. Section 265.00 of the penal law is amended by adding two new
subdivisions 24 and 25 to read as follows:
24. "FRANGIBLE AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE OR
PROJECTILE CORE COMPOSED OF HYBRID MATERIALS, EITHER PRESSED TOGETHER AT
HIGH PRESSURE OR GLUED TOGETHER WITH ADHESIVES, WHICH IS CAPABLE OF
BEING USED IN PISTOLS OR REVOLVERS AND IS DESIGNED TO FRACTURE OR DISIN-
TEGRATE UPON IMPACT.
25. "DEVASTATOR AMMUNITION" MEANS ANY AMMUNITION WITH A PROJECTILE OR
PROJECTILE CORE WHICH IS CAPABLE OF BEING USED IN PISTOLS OR REVOLVERS
AND DESIGNED TO EXPLODE OR DETONATE UPON IMPACT.
S 7. Subdivisions 7 and 8 of section 265.01 of the penal law, subdivi-
sion 7 as added by chapter 807 of the laws of 1981 and subdivision 8 as
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added by chapter 646 of the laws of 1986, are amended to read as
follows:
(7) He [knowingly] OR SHE possesses [a bullet containing an explosive
substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
(8) He OR SHE possesses any armor piercing ammunition [with intent to
use the same unlawfully against another] OR FRANGIBLE AMMUNITION.
S 8. Subdivision 8 of section 265.02 of the penal law, as amended by
chapter 764 of the laws of 2005, is amended and two new subdivisions 9
and 10 are added to read as follows:
(8) Such person possesses a large capacity ammunition feeding
device[.]; OR
(9) SUCH PERSON KNOWINGLY POSSESSES ANY DEVASTATOR AMMUNITION WITH
INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER PERSON OR HIS OR HER
PROPERTY; OR
(10) SUCH PERSON KNOWINGLY POSSESSES ANY ARMOR PIERCING AMMUNITION OR
FRANGIBLE AMMUNITION WITH INTENT TO USE THE SAME UNLAWFULLY AGAINST
ANOTHER.
S 9. Subdivisions 1 and 2 of section 265.10 of the penal law, as
amended by chapter 257 of the laws of 2008, are amended to read as
follows:
1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any DEVASTATOR AMMUNITION, FRANGIBLE AMMU-
NITION, switchblade knife, gravity knife, pilum ballistic knife, metal
knuckle knife, billy, blackjack, bludgeon, plastic knuckles, metal
knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is
guilty of a class A misdemeanor. ANY PERSON WHO MANUFACTURES OR CAUSES
TO BE MANUFACTURED ANY ARMOR PIERCING AMMUNITION IS GUILTY OF A CLASS E
FELONY.
2. Any person who transports or ships any machine-gun, firearm silenc-
er, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more
firearms, is guilty of a class D felony. Any person who transports or
ships as merchandise any firearm, other than an assault weapon, DEVASTA-
TOR AMMUNITION, FRANGIBLE AMMUNITION, switchblade knife, gravity knife,
pilum ballistic knife, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guil-
ty of a class A misdemeanor. ANY PERSON WHO TRANSPORTS OR SHIPS AS
MERCHANDISE ANY ARMOR PIERCING AMMUNITION IS GUILTY OF A CLASS E FELONY.
S 10. Paragraph 2 of subdivision a of section 265.20 of the penal
law, as amended by chapter 189 of the laws of 2000, is amended to read
as follows:
2. Possession of a machine-gun, large capacity ammunition feeding
device, firearm, DEVASTATOR AMMUNITION, FRANGIBLE AMMUNITION, switch-
blade knife, gravity knife, pilum ballistic knife, billy [or],
blackjack, OR ANY ARMOR PIERCING AMMUNITION by a warden, superintendent,
headkeeper or deputy of a state prison, penitentiary, workhouse, county
jail or other institution for the detention of persons convicted or
accused of crime or detained as witnesses in criminal cases, in pursuit
of official duty or when duly authorized by regulation or order to
possess the same.
S 11. Paragraph 8 of subdivision a of section 265.20 of the penal law,
as amended by chapter 189 of the laws of 2000, is amended to read as
follows:
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8. The manufacturer of machine-guns, assault weapons, large capacity
ammunition feeding devices, disguised guns, DEVASTATOR AMMUNITION, FRAN-
GIBLE AMMUNITION, pilum ballistic knives, switchblade or gravity knives,
billies [or], blackjacks, OR ARMOR PIERCING AMMUNITION as merchandise
and the disposal and shipment thereof direct to a regularly constituted
or appointed state or municipal police department, sheriff, policeman or
other peace officer, or to a state prison, penitentiary, workhouse,
county jail or other institution for the detention of persons convicted
or accused of crime or held as witnesses in criminal cases, or to the
military service of this state or of the United States.
S 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law.