The New York State Senate

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

                                  3622

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M. of A. COLTON, WEPRIN, ZEBROWSKI, SPANO, JAFFEE, SCAR-
  BOROUGH -- Multi-Sponsored by -- M. of A. McENENY, MONTESANO, PHEFFER,
  WEISENBERG -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting  the  manufac-
  ture,  import  or  export  of undetectable knives for commercial sale,
  prohibiting the possession of such knives, requiring manufacturers  of
  undetectable  knives to include materials detectable by a metal detec-
  tor and exempting such knives sold to certain entities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 265.45 to
read as follows:
S 265.45 CRIMINAL MANUFACTURE, IMPORT OR EXPORT OF  UNDETECTABLE  KNIVES
           FOR COMMERCIAL SALE.
  1.  A  PERSON  IS  GUILTY OF CRIMINAL MANUFACTURE, IMPORT OR EXPORT OF
UNDETECTABLE KNIVES FOR COMMERCIAL SALE WHEN,  HE  OR  SHE  COMMERCIALLY
MANUFACTURES  OR  CAUSES  TO  BE COMMERCIALLY MANUFACTURED, OR KNOWINGLY
IMPORTS INTO THE STATE FOR COMMERCIAL SALE, OR  KNOWINGLY  EXPORTS  FROM
THIS  STATE  FOR  COMMERCIAL, DEALER, WHOLESALER OR DISTRIBUTOR SALE, OR
KEEPS FOR COMMERCIAL SALE OR OFFERS OR EXPOSES FOR  COMMERCIAL,  DEALER,
WHOLESALER OR DISTRIBUTOR SALE, ANY UNDETECTABLE KNIFE.
  2.  AS  USED  IN THIS ARTICLE, "UNDETECTABLE KNIFE" MEANS ANY KNIFE OR
OTHER INSTRUMENT WITH OR WITHOUT A HAND GUARD THAT IS CAPABLE  OF  READY
USE  AS  A  STABBING WEAPON, THAT MAY INFLICT SERIOUS PHYSICAL INJURY OR
DEATH, AND THAT IS COMMERCIALLY MANUFACTURED TO BE USED AS A WEAPON  AND
IS  NOT  DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER, EITHER HANDHELD
OR OTHERWISE, WHEN SET AT STANDARD CALIBRATION.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON  AND  AFTER  JANUARY
FIRST,  TWO  THOUSAND  TWELVE,  ALL  KNIVES OR OTHER INSTRUMENTS WITH OR
WITHOUT A HAND GUARD THAT ARE CAPABLE OF READY USE AS A STABBING WEAPON,
THAT MAY INFLICT SERIOUS PHYSICAL INJURY OR DEATH WHICH ARE COMMERCIALLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04352-01-1

A. 3622                             2

MANUFACTURED IN THIS STATE, AND THAT  UTILIZE  MATERIALS  THAT  ARE  NOT
DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER, SHALL BE MANUFACTURED TO
INCLUDE MATERIALS THAT WILL ENSURE THEY ARE DETECTABLE BY A METAL DETEC-
TOR  OR MAGNETOMETER, EITHER HANDHELD OR OTHERWISE, WHEN SET AT STANDARD
CALIBRATION.
  4.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE  MANUFACTURE
OR  IMPORTATION  OF  UNDETECTABLE  KNIVES FOR SALE TO FEDERAL, STATE AND
LOCAL HISTORICAL SOCIETIES, MUSEUMS AND INSTITUTIONAL COLLECTIONS  WHICH
ARE OPEN TO THE PUBLIC, PROVIDED THAT SUCH UNDETECTABLE KNIVES ARE PROP-
ERLY  HOUSED  AND  SECURED  FROM  UNAUTHORIZED  HANDLING, NOR SHALL THIS
SECTION APPLY TO THE SUBSEQUENT SALE OF SUCH KNIVES TO  SUCH  SOCIETIES,
MUSEUMS AND COLLECTIONS.
  CRIMINAL  MANUFACTURE,  IMPORT  OR  EXPORT  OF UNDETECTABLE KNIVES FOR
COMMERCIAL SALE IS A CLASS A MISDEMEANOR.
  S 2. Subdivision 2 of section 265.01 of the penal law, as  amended  by
chapter 220 of the laws of 1988, is amended to read as follows:
  (2)  He  OR  SHE  possesses  any dagger, dangerous knife, dirk, razor,
stiletto, imitation pistol, UNDETECTABLE KNIFE, or any  other  dangerous
or  deadly  instrument  or weapon with intent to use the same unlawfully
against another; or
  S 3. The opening paragraph of subdivision a of section 265.20  of  the
penal  law, as amended by chapter 496 of the laws of 1991, is amended to
read as follows:
  Sections 265.01,  265.02,  265.03,  265.04,  265.05,  265.10,  265.11,
265.12, 265.13, 265.15, 265.45 and 270.05 shall not apply to:
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.