NY State Senate Bill 2011-S617

Senate Bill S617

2011-2012 Legislative Session

Prohibits the manufacture, import or export for commercial sale, or possession of an undetectable knife is guilty of a class A misdemeanor

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to codes
Jan 05, 2011	referred to codes

2011-S617 (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Add §265.41, amd §§265.01 & 265.20, Pen L
Versions Introduced in 2009-2010 Legislative Session:: S6938

2011-S617 (ACTIVE) - Summary

Establishes the class A misdemeanor of criminal manufacture, import or export of undetectable knives for commercial sale; requires manufacturers of undetectable knives to include materials detectable by a metal detector; exempts such knives sold to certain entities; includes the possession of such a knife within the provisions of criminal possession of a weapon in the fourth degree.

2011-S617 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S617

TITLE OF BILL:
An act
to amend the penal law, in relation to
prohibiting the manufacture, 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 detector and
exempting such
knives sold to certain entities

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the manufacture,
importation or exportation, sale and possession of an undetectable
knife as defined.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the penal law to include a new section §265.45
"Prohibited manufacture, import or export of undetectable knives for
commercial sale."

Subdivision 1 describes the new offense being created of prohibited
manufacture, import or export of undetectable knives for commercial
sale.

Subdivision 2 defines the term "undetectable knife" as a commercially
manufactured stabbing weapon that is not detectable by a metal
detector or magnetometer.

Subdivision 3 states that all knives or other instruments that can be
used as a stabbing weapon shall be manufactured to include materials
that will ensure they are detectable by a metal detector or
magnetometer after January first, two thousand twelve.

Subdivision 4 states that the section shall not apply to the
manufacture or importation for sale of undetectable knives to
federal, state, and local historical societies, museums, and
institutional collections which are open to the public.

Violation of this new section is a class A misdemeanor.

Section 2 amends subdivision 1 of §265.01 of the penal law to insert
the term "undetectable knife" to a list of weapons of which
possession by a person would be a class A misdemeanor.

Section 3 amends the opening paragraph of subdivision (a) of section
265.20 of the Penal Law to include the new §265.41, making the
section exempt to certain police and military entities.

JUSTIFICATION:
The original intent for the manufacture and sale of undetectable
knives was based on their advantageous use for the police and
military during covert operations. However, the public at large have
access to the purchase of such Weapons through online weapons
distributors, print catalogues and other weapons outlets.


These weapons are strong enough to penetrate steel drums, car doors,
wood planks, etc. without damage to the knife. These weapons are also
serrated and can be sharpened with standard sharpening devices for
metal knives. It is equally troubling that they are often advertised
as being non-magnetic.

These weapons present a severe security risk to any building that
utilizes a metal detector or employment of magnetometers for the
prevention of violence or possible terrorist acts. There have been
cases when such weapons have been used in courtrooms, such as in a
Compton, California courtroom, where a defendant used a 10-inch
plastic knife to stab two bailiffs.

While there is no known trend in terrorists using these weapons in
their repertoire, We must enact pre-emptive legislation in order to
keep ahead of the curve and to prevent potential situations which
threaten the lives of our citizens.

This legislation is modeled after a provision in California's
"Dangerous Weapons Control Law."

PRIOR LEGISLATIVE HISTORY:
2010: S.6938 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

2011-S617 (ACTIVE) - Bill Text download pdf

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

                                   617

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed 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

S. 617                              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.

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