A. 8159 2
(b) a semiautomatic shotgun that has at least one of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(iv) a fixed magazine capacity in excess of seven rounds;
(v) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(iv) capacity to accept an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(v) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(vi) a shroud that is attached to, or partially or completely encir-
cles, the barrel and that permits the shooter to hold the firearm with
the non-trigger hand without being burned;
(vii) a manufactured weight of fifty ounces or more when the pistol is
unloaded; or
(viii) a semiautomatic version of an automatic rifle, shotgun or
firearm;
(d) a revolving cylinder shotgun;
(e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or weapon defined in subparagraph (v) of paragraph (e) of subdi-
vision twenty-two of section 265.00 of this chapter as added by chapter
one hundred eighty-nine of the laws of two thousand and otherwise
lawfully possessed pursuant to such chapter of the laws of two thousand
prior to September fourteenth, nineteen hundred ninety-four;
(f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or weapon defined in paragraph (a), (b) or (c) of this subdivi-
sion, possessed prior to the date of enactment of the chapter of the
laws of two thousand thirteen which added this paragraph;
(g) provided, however, that such term does not include:
(i) any rifle, shotgun or pistol that (A) is manually operated by
bolt, pump, lever or slide action; (B) has been rendered permanently
inoperable; or (C) is an antique firearm as defined in 18 U.S.C.
921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine; or
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
on October first, nineteen hundred ninety-three. The mere fact that a
weapon is not listed in Appendix A shall not be construed to mean that
such weapon is an assault weapon;
(v) any weapon validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter. Such weapons shall be subject to the
provisions of paragraph (h) of this subdivision;
(vi) any firearm, rifle, or shotgun that was manufactured at least
fifty years prior to the current date, but not including replicas there-
A. 8159 3
of that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;
(h) Any weapon defined in paragraph (e) or (f) of this subdivision and
any large capacity ammunition feeding device that was legally possessed
by an individual prior to the enactment of the chapter of the laws of
two thousand thirteen which added this paragraph, may only be sold to,
exchanged with or disposed of to a purchaser authorized to possess such
weapons or to an individual or entity outside of the state provided that
any such transfer to an individual or entity outside of the state must
be reported to the entity wherein the weapon is registered within seven-
ty-two hours of such transfer. An individual who transfers any such
weapon or large capacity ammunition device to an individual inside New
York state or without complying with the provisions of this paragraph
shall be guilty of a class A misdemeanor unless such large capacity
ammunition feeding device, the possession of which is made illegal by
the chapter of the laws of two thousand thirteen which added this para-
graph, is transferred within one year of the effective date of the chap-
ter of the laws of two thousand thirteen which added this paragraph.]
(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A BAYONET MOUNT;
(IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
FLASH SUPPRESSOR;
(V) A GRENADE LAUNCHER; OR
(B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
(IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
(C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
(I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
PISTOL GRIP;
(II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
(III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NONTRIGGER HAND WITHOUT BEING BURNED;
(IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED;
(V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
OR
(D) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
AS:
(I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
MODELS);
(II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
(III) BERETTA AR70 (SC-70);
(IV) COLT AR-15;
(V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
A. 8159 4
(VI) SWD M-10, M-11, M-11/9, AND M-12;
(VII) STEYR AUG;
(VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
(IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
SWEEPER AND STRIKER 12;
(E) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
(I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921 (A)
(16);
(II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
(III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
(IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
(V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF THIS SUBDIVI-
SION LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
NINETY-FOUR.
S 2. Subdivision 23 of section 265.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, MANUFACTURED AFTER SEPTEMBER THIR-
TEENTH, NINETEEN HUNDRED NINETY-FOUR, that [(a)] has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
tion, or (c) is obtained after the effective date of the chapter of the
laws of two thousand thirteen which amended this subdivision and has a
capacity of, or that can be readily restored or converted to accept,
more than seven rounds of ammunition]; provided, however, that such term
does not include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition [or a
feeding device that is a curio or relic. A feeding device that is a
curio or relic is defined as a device that (i) was manufactured at least
fifty years prior to the current date, (ii) is only capable of being
used exclusively in a firearm, rifle, or shotgun that was manufactured
at least fifty years prior to the current date, but not including repli-
cas thereof, (iii) is possessed by an individual who is not prohibited
by state or federal law from possessing a firearm and (iv) is registered
with the division of state police pursuant to subdivision sixteen-a of
section 400.00 of this chapter, except such feeding devices transferred
into the state may be registered at any time, provided they are regis-
tered within thirty days of their transfer into the state. Notwithstand-
ing paragraph (h) of subdivision twenty-two of this section, such feed-
ing devices may be transferred provided that such transfer shall be
subject to the provisions of section 400.03 of this chapter including
the check required to be conducted pursuant to such section].
S 3. Sections 265.01-b, 265.36, 265.37, 400.02 and 400.03 of the penal
law are REPEALED.
S 4. Subdivision 8 of section 265.02 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
A. 8159 5
(8) Such person possesses a large capacity ammunition feeding device[.
For purposes of this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a capaci-
ty of, or that can be readily restored or converted to accept more than
seven but less than eleven rounds of ammunition, or that was manufac-
tured before September thirteenth, nineteen hundred ninety-four, that
has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition]; or
S 5. Subdivision 6 of section 186-f of the tax law is amended by
adding a new paragraph (g) to read as follows:
(G) UP TO THE SUM OF THIRTY MILLION DOLLARS ANNUALLY MAY BE USED FOR
THE PROVISION OF GRANTS OR REIMBURSEMENTS TO SCHOOL DISTRICTS DESIGNATED
AS HIGH NEED AND AVERAGE NEED FOR THE COSTS RELATED TO THE HIRING OF
SCHOOL RESOURCE OFFICERS, TO BE DISTRIBUTED PURSUANT TO STANDARDS AND
GUIDELINES ISSUED BY THE STATE. FOR THE PURPOSES OF THIS SUBDIVISION,
HIGH NEED AND AVERAGE NEED SCHOOL DISTRICTS ARE THOSE DISTRICTS DESIG-
NATED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
S 6. Section 2509 of the surrogate's court procedure act is REPEALED.
S 7. The education law is amended by adding a new article 167 to read
as follows:
ARTICLE 167
SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST".
8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
8725. LIMITED PERMITS.
8726. EXEMPTIONS.
8727. SPECIAL PROVISIONS.
S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE
SHALL PRACTICE SCHOOL PSYCHOLOGY OR USE THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".
S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
1. THE ASSESSMENT, INCLUDING PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
VOCATIONAL ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
COGNITIVE PROCESSES, APTITUDES, INTERESTS, ACADEMIC ACHIEVEMENT,
ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
ADJUSTMENT NEEDS;
2. THE DEVELOPMENT AND IMPLEMENTATION OF EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
MENT AND ACADEMIC SUCCESS, COUNSELING AND INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
A. 8159 6
3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL ASSISTANCE OR DIRECT EDUCATIONAL SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS; AND
4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
S 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY THE
DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
(I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
(II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
(III) ASSESSMENT AND APPRAISAL OF LEARNERS IN HOME AND SCHOOL
CONTEXTS;
(IV) CONSULTATION AND COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
(V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
SKILLS;
(VI) PREVENTION AND TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
(VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
(VIII) RESEARCH AND PROGRAM EVALUATION;
(IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
(X) COMPLETION OF A TWELVE HUNDRED HOUR SUPERVISED INTERNSHIP IN
SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICES
FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL
A. 8159 7
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL CARE IS INDICATED FOR SUCH
ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR
DEPRESSIVE DISORDER, PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL. NOTH-
ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY AS PROVIDED IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
(A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
(B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
3. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE, GRANT OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
S 8725. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
S 8726. EXEMPTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO:
1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF THIS TITLE, OR BY ANY
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST,
LICENSED CREATIVE ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
A. 8159 8
SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR NOT-FOR-PROFIT BUSINESSES, FROM PROVIDING INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
S 8727. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
PROFESSION OF SCHOOL PSYCHOLOGY SHALL APPLY FOR A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
(A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
(B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
WITHIN THIS ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
2. NOTWITHSTANDING THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
(A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
(B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
SIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, IN THE
PRACTICE OF SUCH LICENSED PROFESSION.
S 8. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended to read
as follows:
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, LICENSED SCHOOL PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative arts therapist, licensed marriage and family therapist,
licensed mental health counselor, licensed psychoanalyst, or dental
hygienist shall, in addition to all the other licensure, certification
A. 8159 9
or permit requirements, have completed two hours of coursework or train-
ing regarding the identification and reporting of child abuse and
maltreatment. The coursework or training shall be obtained from an
institution or provider which has been approved by the department to
provide such coursework or training. The coursework or training shall
include information regarding the physical and behavioral indicators of
child abuse and maltreatment and the statutory reporting requirements
set out in sections four hundred thirteen through four hundred twenty of
the social services law, including but not limited to, when and how a
report must be made, what other actions the reporter is mandated or
authorized to take, the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators of
the abuse of individuals with mental retardation and other developmental
disabilities and voluntary reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities or the
local adult protective services unit. Each applicant shall provide the
department with documentation showing that he or she has completed the
required training. The department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
S 9. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 3 of part D of chapter 501 of the
laws of 2012, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; SCHOOL PSYCHOLOGIST; registered nurse; social worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage and family therapist; licensed mental health counselor;
licensed psychoanalyst; hospital personnel engaged in the admission,
examination, care or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is not limited to school
teacher, school guidance counselor, school psychologist, school social
worker, school nurse, school administrator or other school personnel
required to hold a teaching or administrative license or certificate;
social services worker; director of a children's overnight camp, summer
day camp or traveling summer day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law; day care
center worker; school-age child care worker; provider of family or group
family day care; or any other child care or foster care worker; mental
health professional; substance abuse counselor; alcoholism counselor;
all persons credentialed by the office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or assistant
A. 8159 10
district attorney; investigator employed in the office of a district
attorney; or other law enforcement official.
S 10. Section 7602 of the education law, as added by chapter 987 of
the laws of 1971, is amended to read as follows:
S 7602. State board for psychology. A state board for psychology
shall be appointed by the board of regents on recommendation of the
commissioner for the purpose of assisting the board of regents and the
department on matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title. The
board shall be composed of not less than eleven [psychologists licensed
in this state] MEMBERS, A NUMBER OF WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE MEANINGFUL PARTICIPATION IN BOARD
ACTIVITIES. An executive secretary to the board shall be appointed by
the board of regents upon the recommendation of the commissioner and
shall be a psychologist, licensed in this state.
S 11. Subdivisions 5, 10, 12, 16-a and 16-b of section 400.00 of the
penal law, subdivisions 5, 10 and 12 as amended and subdivisions 16-a
and 16-b as added by chapter 1 of the laws of 2013, are amended to read
as follows:
5. Filing of approved applications. [(a)] The application for any
license, if granted, shall be filed by the licensing officer with the
clerk of the county of issuance, except that in the city of New York
and, in the counties of Nassau and Suffolk, the licensing officer shall
designate the place of filing in the appropriate division, bureau or
unit of the police department thereof, and in the county of Suffolk the
county clerk is hereby authorized to transfer all records or applica-
tions relating to firearms to the licensing authority of that county.
[Except as provided in paragraphs (b) through (f) of this subdivision,
the] THE name and address of any person to whom an application for any
license has been granted shall NOT be a public record. Upon application
by a licensee who has changed his place of residence such records or
applications shall be transferred to the appropriate officer at the
licensee's new place of residence. A duplicate copy of such application
shall be filed by the licensing officer in the executive department,
division of state police, Albany, within ten days after issuance of the
license. The superintendent of state police may designate that such
application shall be transmitted to the division of state police elec-
tronically. In the event the superintendent of the division of state
police determines that it lacks any of the records required to be filed
with the division, it may request that such records be provided to it by
the appropriate clerk, department or authority and such clerk, depart-
ment or authority shall provide the division with such records. In the
event such clerk, department or authority lacks such records, the divi-
sion may request the license holder provide information sufficient to
constitute such record and such license holder shall provide the divi-
sion with such information. Such information shall be limited to the
license holder's name, date of birth, gender,race, residential address,
social security number and firearms possessed by said license holder.
Nothing in this subdivision shall be construed to change the expiration
date or term of such licenses if otherwise provided for in law. [Records
assembled or collected for purposes of inclusion in the database estab-
lished by this section shall be released pursuant to a court order.
Records assembled or collected for purposes of inclusion in the database
created pursuant to section 400.02 of this chapter shall not be subject
to disclosure pursuant to article six of the public officers law.
A. 8159 11
(b) Each application for a license pursuant to paragraph (a) of this
subdivision shall include, on a separate written form prepared by the
division of state police within thirty days of the effective date of the
chapter of the laws of two thousand thirteen, which amended this
section, and provided to the applicant at the same time and in the same
manner as the application for a license, an opportunity for the appli-
cant to request an exception from his or her application information
becoming public record pursuant to paragraph (a) of this subdivision.
Such forms, which shall also be made available to individuals who had
applied for or been granted a license prior to the effective date of the
chapter of the laws of two thousand thirteen which amended this section,
shall notify applicants that, upon discovery that an applicant knowingly
provided false information, such applicant may be subject to penalties
pursuant to section 175.30 of this chapter, and further, that his or her
request for an exception shall be null and void, provided that written
notice containing such determination is provided to the applicant.
Further, such forms shall provide each applicant an opportunity to spec-
ify the grounds on which he or she believes his or her application
information should not be publicly disclosed. These grounds, which shall
be identified on the application with a box beside each for checking, as
applicable, by the applicant, shall be as follows:
(i) the applicant's life or safety may be endangered by disclosure
because:
(A) the applicant is an active or retired police officer, peace offi-
cer, probation officer, parole officer, or corrections officer;
(B) the applicant is a protected person under a currently valid order
of protection;
(C) the applicant is or was a witness in a criminal proceeding involv-
ing a criminal charge;
(D) the applicant is participating or previously participated as a
juror in a criminal proceeding, or is or was a member of a grand jury;
or
(E) the applicant is a spouse, domestic partner or household member of
a person identified in this subparagraph or subparagraph (ii) of this
paragraph, specifying which subparagraph or subparagraphs and clauses
apply.
(ii) the applicant has reason to believe his or her life or safety may
be endangered by disclosure due to reasons stated by the applicant.
(iii) the applicant has reason to believe he or she may be subject to
unwarranted harassment upon disclosure of such information.
(c) Each form provided for recertification pursuant to paragraph (b)
of subdivision ten of this section shall include an opportunity for the
applicant to request an exception from the information provided on such
form becoming public record pursuant to paragraph (a) of this subdivi-
sion. Such forms shall notify applicants that, upon discovery that an
applicant knowingly provided false information, such applicant may be
subject to penalties pursuant to section 175.30 of this chapter, and
further, that his or her request for an exception shall be null and
void, provided that written notice containing such determination is
provided to the applicant. Further, such forms shall provide each appli-
cant an opportunity to either decline to request the grant or continua-
tion of an exception, or specify the grounds on which he or she believes
his or her information should not be publicly disclosed. These grounds,
which shall be identified in the application with a box beside each for
checking, as applicable, by the applicant, shall be the same as provided
in paragraph (b) of this subdivision.
A. 8159 12
(d) Information submitted on the forms described in paragraph (b) of
this subdivision shall be excepted from disclosure and maintained by the
entity retaining such information separate and apart from all other
records.
(e) (i) Upon receiving a request for exception from disclosure, the
licensing officer shall grant such exception, unless the request is
determined to be null and void, pursuant to paragraph (b) or (c) of this
subdivision.
(ii) A request for an exception from disclosure may be submitted at
any time, including after a license or recertification has been granted.
(iii) If an exception is sought and granted pursuant to paragraph (b)
of this subdivision, the application information shall not be public
record, unless the request is determined to be null and void. If an
exception is sought and granted pursuant to paragraph (c) of this subdi-
vision, the information concerning such recertification application
shall not be public record, unless the request is determined to be null
and void.
(f) The information of licensees or applicants for a license shall not
be disclosed to the public during the first one hundred twenty days
following the effective date of the chapter of the laws of two thousand
thirteen, which amended this section. After such period, the information
of those who had applied for or been granted a license prior to the
preparation of the form for requesting an exception, pursuant to para-
graph (b) of this subdivision, may be released only if such individuals
did not file a request for such an exception during the first sixty days
following such preparation; provided, however, that no information
contained in an application for licensure or recertification shall be
disclosed by an entity that has not completed processing any such
requests received during such sixty days.
(g) If a request for an exception is determined to be null and void
pursuant to paragraph (b) or (c) of this subdivision, an applicant may
request review of such determination pursuant to article seventy-eight
of the civil practice laws and rules. Such proceeding must commence
within thirty days after service of the written notice containing the
adverse determination. Notice of the right to commence such a petition,
and the time period therefor, shall be included in the notice of the
determination. Disclosure following such a petition shall not be made
prior to the disposition of such review.]
10. License: expiration, certification and renewal. [(a)] Any license
for gunsmith or dealer in firearms and, in the city of New York, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than three years after the date of
issuance. In the counties of Nassau, Suffolk and Westchester, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date of
issuance; however, in the county of Westchester, any such license shall
be certified prior to the first day of April, two thousand, in accord-
ance with a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal justice services, and every
such license shall be recertified every five years thereafter. For
purposes of this section certification shall mean that the licensee
shall provide to the licensing officer the following information only:
A. 8159 13
current name, date of birth, current address, and the make, model, cali-
ber and serial number of all firearms currently possessed. Such certif-
ication information shall be filed by the licensing officer in the same
manner as an amendment. Elsewhere than in the city of New York and the
counties of Nassau, Suffolk and Westchester, any license to carry or
possess a pistol or revolver, issued at any time pursuant to this
section or prior to the first day of July, nineteen hundred sixty-three
and not previously revoked or cancelled, shall be in force and effect
until revoked as herein provided. Any license not previously cancelled
or revoked shall remain in full force and effect for thirty days beyond
the stated expiration date on such license. Any application to renew a
license that has not previously expired, been revoked or cancelled shall
thereby extend the term of the license until disposition of the applica-
tion by the licensing officer. In the case of a license for gunsmith or
dealer in firearms, in counties having a population of less than two
hundred thousand inhabitants, photographs and fingerprints shall be
submitted on original applications and upon renewal thereafter only at
six year intervals. Upon satisfactory proof that a currently valid
original license has been despoiled, lost or otherwise removed from the
possession of the licensee and upon application containing an additional
photograph of the licensee, the licensing officer shall issue a dupli-
cate license.
[(b) All licensees shall be recertified to the division of state
police every five years thereafter. Any license issued before the effec-
tive date of the chapter of the laws of two thousand thirteen which
added this paragraph shall be recertified by the licensee on or before
January thirty-first, two thousand eighteen, and not less than one year
prior to such date, the state police shall send a notice to all license
holders who have not recertified by such time. Such recertification
shall be in a form as approved by the superintendent of state police,
which shall request the license holder's name, date of birth, gender,
race, residential address, social security number, firearms possessed by
such license holder, email address at the option of the license holder
and an affirmation that such license holder is not prohibited from
possessing firearms. The form may be in an electronic form if so desig-
nated by the superintendent of state police. Failure to recertify shall
act as a revocation of such license. If the New York state police
discover as a result of the recertification process that a licensee
failed to provide a change of address, the New York state police shall
not require the licensing officer to revoke such license.]
12. Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms shall keep a record book
approved as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or iden-
tification mark on such firearm. Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20. In addition,
before delivering a firearm to a peace officer, the licensee shall veri-
fy that person's status as a peace officer with the division of state
police. After completing the foregoing, the licensee shall remove and
retain the attached coupon and enter in the record book the date of such
A. 8159 14
license, number, if any, and name of the licensing officer, in the case
of the holder of a license to carry or possess, or the shield or other
number, if any, assignment and department, unit or agency, in the case
of an exempt person. The original transaction report shall be forwarded
to the division of state police within ten days of delivering a firearm
to any person, and a duplicate copy shall be kept by the licensee. The
superintendent of state police may designate that such record shall be
completed and transmitted in electronic form. A dealer may be granted a
waiver from transmitting such records in electronic form if the super-
intendent determines that such dealer is incapable of such transmission
due to technological limitations that are not reasonably within the
control of the dealer, or other exceptional circumstances demonstrated
by the dealer, pursuant to a process established in regulation, and at
the discretion of the superintendent. [Records assembled or collected
for purposes of inclusion in the database created pursuant to section
400.02 of this article shall not be subject to disclosure pursuant to
article six of the public officers law.] The record book shall be main-
tained on the premises mentioned and described in the license and shall
be open at all reasonable hours for inspection by any peace officer,
acting pursuant to his special duties, or police officer. In the event
of cancellation or revocation of the license for gunsmith or dealer in
firearms, or discontinuance of business by a licensee, such record book
shall be immediately surrendered to the licensing officer in the city of
New York, and in the counties of Nassau and Suffolk, and elsewhere in
the state to the executive department, division of state police.
16-a. [Registration. (a) An owner of a weapon defined in paragraph (e)
or (f) of subdivision twenty-two of section 265.00 of this chapter,
possessed before the date of the effective date of the chapter of the
laws of two thousand thirteen which added this paragraph, must make an
application to register such weapon with the superintendent of state
police, in the manner provided by the superintendent, or by amending a
license issued pursuant to this section within one year of the effective
date of this subdivision except any weapon defined under subparagraph
(vi) of paragraph (g) of subdivision twenty-two of section 265.00 of
this chapter transferred into the state may be registered at any time,
provided such weapons are registered within thirty days of their trans-
fer into the state. Registration information shall include the regis-
trant's name, date of birth, gender, race, residential address, social
security number and a description of each weapon being registered. A
registration of any weapon defined under subparagraph (vi) of paragraph
(g) of subdivision twenty-two of section 265.00 or a feeding device as
defined under subdivision twenty-three of section 265.00 of this chapter
shall be transferable, provided that the seller notifies the state
police within seventy-two hours of the transfer and the buyer provides
the state police with information sufficient to constitute a registra-
tion under this section. Such registration shall not be valid if such
registrant is prohibited or becomes prohibited from possessing a firearm
pursuant to state or federal law. The superintendent shall determine
whether such registrant is prohibited from possessing a firearm under
state or federal law. Such check shall be limited to determining whether
the factors in 18 USC 922 (g) apply or whether a registrant has been
convicted of a serious offense as defined in subdivision sixteen-b of
section 265.00 of this chapter, so as to prohibit such registrant from
possessing a firearm, and whether a report has been issued pursuant to
section 9.46 of the mental hygiene law. All registrants shall recertify
A. 8159 15
to the division of state police every five years thereafter. Failure to
recertify shall result in a revocation of such registration.
(b) The superintendent of state police shall create and maintain an
internet website to educate the public as to which semiautomatic rifle,
semiautomatic shotgun or semiautomatic pistol or weapon that are illegal
as a result of the enactment of the chapter of the laws of two thousand
thirteen which added this paragraph, as well as such assault weapons
which are illegal pursuant to article two hundred sixty-five of this
chapter. Such website shall contain information to assist the public in
recognizing the relevant features proscribed by such article two hundred
sixty-five, as well as which make and model of weapons that require
registration.
(c) A person who knowingly fails to apply to register such weapon, as
required by this section, within one year of the effective date of the
chapter of the laws of two thousand thirteen which added this paragraph
shall be guilty of a class A misdemeanor and such person who unknowingly
fails to validly register such weapon within such one year period shall
be given a warning by an appropriate law enforcement authority about
such failure and given thirty days in which to apply to register such
weapon or to surrender it. A failure to apply or surrender such weapon
within such thirty-day period shall result in such weapon being removed
by an appropriate law enforcement authority and declared a nuisance.
16-b.] The cost of the software, programming and interface required to
transmit any record that must be electronically transmitted by the deal-
er or licensing officer to the division of state police pursuant to this
chapter shall be borne by the state.
S 12. Subdivision 24 of section 265.00 of the penal law is REPEALED.
S 13. Paragraph 3 of subdivision a of section 265.20 of the penal law,
as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter [or possession of a weapon as defined in paragraph (e) or
(f) of subdivision twenty-two of section 265.00 of this article which is
registered pursuant to paragraph (a) of subdivision sixteen-a of section
400.00 of this chapter or is included on an amended license issued
pursuant to section 400.00 of this chapter. In the event such license is
revoked, other than because such licensee is no longer permitted to
possess a firearm, rifle or shotgun under federal or state law, informa-
tion sufficient to satisfy the requirements of subdivision sixteen-a of
section 400.00 of this chapter, shall be transmitted by the licensing
officer to the state police, in a form as determined by the superinten-
dent of state police. Such transmission shall constitute a valid regis-
tration under such section. Further provided, notwithstanding any other
section of this title, a failure to register such weapon by an individ-
ual who possesses such weapon before the enactment of the chapter of the
laws of two thousand thirteen which amended this paragraph and may so
lawfully possess it thereafter upon registration, shall only be subject
to punishment pursuant to paragraph (c) of subdivision sixteen-a of
section 400.00 of this chapter]; provided, that such a license [or
registration] shall not preclude a conviction for the offense defined in
[subdivision three of section 265.01 of this article or] section
265.01-a of this article.
S 14. Section 400.10 of the penal law, as amended by chapter 1 of the
laws of 2013, is amended to read as follows:
S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
A. 8159 16
1. (a) Any owner or other person lawfully in possession of[: (i)] a
firearm, rifle or, shotgun who suffers the loss or theft of said weap-
on[; (ii) ammunition as well as a firearm, rifle or shotgun who suffers
the loss or theft of such ammunition as well as a firearm, rifle or
shotgun; or (iii) ammunition and is a dealer in firearms or seller of
ammunition who suffers the loss or theft of such ammunition] shall with-
in twenty-four hours of the discovery of the loss or theft report the
facts and circumstances of the loss or theft to a police department or
sheriff's office.
(b) Whenever a person reports the theft or loss of a firearm, rifle[,]
OR shotgun [or ammunition] to any police department or sheriff's office,
the officer or department receiving such report shall forward notice of
such theft or loss to the division of state police via the New York
Statewide Police Information Network. The notice shall contain informa-
tion in compliance with the New York Statewide Police Information
Network Operating Manual, including the caliber, make, model, manufac-
turer's name and serial number, if any, and any other distinguishing
number or identification mark on the weapon.
2. The division of state police shall receive, collect and file the
information referred to in subdivision one of this section. The division
shall cooperate, and undertake to furnish or make available to law
enforcement agencies this information, for the purpose of coordinating
law enforcement efforts to locate such weapons.
3. Notwithstanding any other provision of law, a violation of para-
graph (a) of subdivision one of this section shall be a class A misde-
meanor.
S 15. Subdivision (b) of section 9.46 of the mental hygiene law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
(b) Notwithstanding any other law to the contrary, when a mental
health professional currently providing treatment services to a person
determines, in the exercise of reasonable professional judgment, that
such person is likely to engage in conduct that would result in serious
harm to self or others, he or she shall be required to report, as soon
as practicable, to the director of community services, or the director's
designee, who shall report to the division of criminal justice services
whenever he or she agrees that the person is likely to engage in such
conduct. Information transmitted to the division of criminal justice
services shall be limited to names and other non-clinical identifying
information WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING: BIRTH-
DATE, SOCIAL SECURITY NUMBER OR CURRENT ADDRESS, which may only be used
for determining whether a license issued pursuant to section 400.00 of
the penal law should be suspended or revoked, or for determining whether
a person is ineligible for a license issued pursuant to section 400.00
of the penal law, or is no longer permitted under state or federal law
to possess a firearm.
S 16. Subdivision 19 of section 837 of the executive law, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
19. Receive names and other non-clinical identifying information,
WHICH SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING: BIRTHDATE, SOCIAL
SECURITY NUMBER OR CURRENT ADDRESS, pursuant to section 9.46 of the
mental hygiene law; provided, however, any such information shall be
destroyed five years after such receipt, or pursuant to a proceeding
brought under article seventy-eight of the civil practice law and rules
determining that an individual is eligible for a license pursuant to
section 400.00 of the penal law and otherwise permitted to possess a
firearm.
A. 8159 17
S 17. Paragraphs (b) and (c) of subdivision 11 of section 400.00 of
the penal law, as added by chapter 1 of the laws of 2013, are amended to
read as follows:
(b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene law, the
division of criminal justice services shall [convey such information,
whenever it determines that] DETERMINE WHETHER the person named in the
report possesses a license issued pursuant to this section[, to]. IT
SHALL BE THE RESPONSIBILITY OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
TO CONFIRM THAT THE PERSON NAMED IN THE REPORT IS THE SAME PERSON TO
WHOM SUCH LICENSE HAS BEEN ISSUED. AFTER SUCH CONFIRMATION IS MADE, THE
DIVISION SHALL NOTIFY the appropriate licensing [official] OFFICER, who
shall issue an order suspending or revoking such license. THE LICENSEE
SHALL HAVE THE RIGHT TO A HEARING BEFORE THE LICENSING OFFICER REGARDING
ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDERED PURSUANT
TO THIS SUBDIVISION AND WHERE SUCH A HEARING IS REQUESTED, IT SHALL BE
COMMENCED WITHIN FOURTEEN DAYS OF THE DATE SUCH REVOCATION, SUSPENSION,
INELIGIBILITY OR SURRENDER IS ORDERED.
(c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing [official]
OFFICER and any and all firearms, rifles, or shotguns owned or possessed
by such person shall be surrendered to an appropriate law enforcement
agency as provided in subparagraph (f) of paragraph one of subdivision a
of section 265.20 of this chapter. In the event such license, firearm,
shotgun, or rifle is not surrendered, such items shall be removed [and
declared a nuisance] and any police officer or peace officer acting
pursuant to his or her special duties is authorized to remove any and
all such weapons.
S 18. This act shall take effect immediately; provided that: the
amendments to subdivisions 10, 12, 16-b and paragraphs (b) and (c) of
subdivision 11 of section 400.00 of the penal law made by sections elev-
en and seventeen of this act shall take effect on the same date and in
the same manner as section 48 of chapter 1 of the laws of 2013 takes
effect; and sections seven, eight, nine and ten of this act shall take
effect January 1, 2014, provided, however, that if section 3 of part D
of chapter 501 of the laws of 2012 is not in effect on such effective
date, then the amendments to paragraph (a) of subdivision 1 of section
413 of the social services law made by section nine of this act shall
take effect on the same date and same manner as section 3 of part D of
chapter 501 of the laws of 2012, as amended, takes effect; provided
further that the department of education is authorized to promulgate any
and all rules and regulations and take any other measure necessary to
implement such provisions on or before their effective date, including,
but not limited to, the appointment of the state board of psychology,
the acceptance and processing of applications for licensure and the
issuance of licenses; provided further that the provisions of article
167 of the education law, as added by section seven of this act, requir-
ing a license or limited permit to practice under such article shall not
be enforced until January 1, 2015.