NY State Senate Bill 2013-S4175

Senate Bill S4175

2013-2014 Legislative Session

Includes possession of armor piercing, frangible or devastator ammunition as criminal possession of a weapon

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Mar 12, 2013	referred to codes

2013-S4175 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.01 & 265.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2379
2011-2012: S2146

2013-S4175 (ACTIVE) - Summary

Includes possession of armor piercing, frangible or devastator ammunition as criminal possession of a weapon in the 4th degree and where possession is knowingly with intent to use against another, it shall constitute criminal possession of a weapon in the 3rd degree.

2013-S4175 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4175

TITLE OF BILL:  An act to amend the penal law, in relation to the
possession of armor piercing, frangible or devastator ammunition

PURPOSE:  To amend the Penal Law definition of armor piercing
ammunition to include new construction materials, to add definitions
for frangible ammunition and devastator ammunition, and to prohibit
the possession of frangible ammunition and devastator ammunition

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Penal Law section 265.00 to add two new
subdivisions. New subdivision 25 defines "frangible ammunition" as
ammunition composed of hybrid materials that are pressed or glued
together with adhesives, are capable of being used in a pistol or,
revolver, and fracture or disintegrate upon impact. New subdivision 26
defines "devastator ammunition" as ammunition that is capable of being
used in pistols or revolvers and designed to explode or detonate on
impact.

Section 2 of the bill amends subdivisions (7) and (8) of Penal Law
section 265.01 to respectively provide that a person is guilty of
criminal possession of a weapon in the fourth degree when he or she
possesses devastator ammunition or when he or she possesses body
piercing ammunition or frangible ammunition with the intent to use

such ammunition unlawfully against another person.

Section four of the bill amends Penal Law section 265.01 by adding two
new subdivisions (7) and (8) to respectively provide that a person is
guilty of criminal possession of a weapon in the third degree when he
or she knowingly possesses devastator ammunition with the intent to
use such ammunition unlawfully against another person or when he or
she knowingly possesses body piercing ammunition or frangible
ammunition with the intent to use such ammunition unlawfully against
another person.

Section 7 of the bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

EXISTING LAW:  Currently, a majority of the Board is required for an
inmate to be granted parole.

JUSTIFICATION:  Police and hospital statistics have shown an increase
in deaths and injuries resulting from increasingly deadly and horrific
types of ammunition. These latest types of ammunition, such as armor
piercing, frangible and devastator ammunition, are designed to pierce
bullet proof vests or to fragment, explode, detonate, or disintegrate
upon impact so as to render survival unlikely.

As technology advances to allow the design and manufacture of
ammunition made of unique substances and of greater destructive force,
we must modernize the penal code to reflect such changes.  Currently,
less lethal and destructive ammunitions are subject to criminal
sanctions while the newer and more deadly types of ammunition are not.


By amending existing sanctions to include these new types of
ammunition, this bill would deter the possession and use of those
ammunitions, consistent with existing provisions.

Furthermore, by removing the element of knowledge in subdivision 7 and
the element of intent to use in subdivision 8 for purposes of criminal
possession of a weapon in the fourth degree, and by adding knowing
possession of armor piercing ammunition, frangible ammunition or
devastator ammunition to the definition of criminal possession of a
weapon in the third degree, law enforcement is better able to address
the serious consequences of the use of such destructive ammunitions.

LEGISLATIVE HISTORY:  2011-2: S.2146-A - Referred to Codes 2009-10:
S.2379 - Referred to Codes 2007-8: S.2002 - Referred to Codes 2006:
S.7693 - 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 a law.

2013-S4175 (ACTIVE) - Bill Text download pdf

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

                                  4175

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 the  possession  of  armor
  piercing, frangible or devastator ammunition

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

  Section 1. 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  2.  Section  265.00  of  the penal law is amended by adding two new
subdivisions 25 and 26 to read as follows:
  25. "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.
  26. "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 3. 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
added  by  chapter  646  of  the  laws  of  1986, are amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07381-02-3

S. 4175                             2

  (7)  He  [knowingly]  possesses  [a  bullet  containing  an  explosive
substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
  (8) He possesses any armor piercing ammunition OR FRANGIBLE AMMUNITION
with intent to use the same unlawfully against another.
  S  4.  Subdivisions  7  and  8  of section 265.01 of the penal law, as
amended by chapter 1 of the  laws  of  2013,  are  amended  to  read  as
follows:
  (7)  He  [knowingly]  possesses  [a  bullet  containing  an  explosive
substance designed to detonate upon impact] ANY DEVASTATOR AMMUNITION.
  (8) He possesses any armor piercing ammunition OR FRANGIBLE AMMUNITION
with intent to use the same unlawfully against another.
  S 5. 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 THE
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 6. Subdivision 10 of section 265.02 of the penal law,  as  added  by
chapter  1  of  the laws of 2013, is amended and two new subdivisions 11
and 12 are added to read as follows:
  (10) Such person possesses an unloaded firearm and  also  commits  any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction[.] : OR
  (11)  SUCH  PERSON  KNOWINGLY POSSESSES ANY DEVASTATOR AMMUNITION WITH
THE INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER PERSON OR  HIS  OR
HER PROPERTY; OR
  (12)  SUCH PERSON KNOWINGLY POSSESSES ANY ARMOR PIERCING AMMUNITION OR
FRANGIBLE AMMUNITION WITH INTENT TO  USE  THE  SAME  UNLAWFULLY  AGAINST
ANOTHER.
  S 7. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that if sections 40 and 41-b of chapter 1 of the laws of 2013 are not in
effect on such date then sections three and five  of  this  act  are  in
effect  only until sections 40 and 41-b of chapter 1 of the laws of 2013
take effect when upon such date sections four and six of this act  shall
take effect.

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