Senate Bill S5905

2013-2014 Legislative Session

Relates to firearms and to the evaluation and reporting of persons who present a serious and imminent threat to the health and safety of self or others; repealer

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Jun 21, 2013	referred to rules

2013-S5905 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §§265.37 & 400.03, §265.20 ¶7-f, amd §§265.02, 265.00, 265.20, 400.00, 265.36 & 470.00, Pen L; amd §898, Gen Bus L; amd §2509, SCPA; amd §837, Exec L; amd §§9.46, 33.13 & 9.60; amd §18, Pub Health L

2013-S5905 (ACTIVE) - Summary

Relates to firearms; relates to the evaluation and reporting of persons who present a serious and imminent threat to the health and safety of self or others.

2013-S5905 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5905

TITLE OF BILL:  An act to amend the penal law, the general business
law and the surrogate's court procedure act, in relation to firearms;
and to amend the executive law, the mental hygiene law, the penal law
and the public health law, in relation to the evaluation and reporting
of persons who present a serious and imminent threat to the health and
safety of self or others; and to repeal certain provisions of the
penal law relating thereto

SUMMARY OF PROVISIONS:

Section 1 repeals Penal Law Section 265.37 Unlawful Possession of
certain Ammunition Feeding Devices that criminalizes ten round
magazines with more than seven rounds.

Section 2 amends Penal Law Section 265.02(8) Criminal Possession of a
Weapon in the Third Degree to exclude reference to ten round
magazines.

Section 3 amends Penal Law Section 265.00(23) Definition Section -
amends "Large Capacity Ammunition Feeding Device" to exclude ten round
magazines with more than seven rounds and to only apply to a magazine
that has a capacity for more than ten rounds.

Section 4 amends Penal Law Section 265.00 to repeal the definition of

"seller of ammunition" and to provide a definition for "Qualified
retired New York or federal law enforcement officer" which includes
retired police officers, peace officers and federal law enforcement
officers.

Section 5 amends Penal Law Section 265.20 - Exemptions Section - to
provide and exemption to Criminal Possession of a Weapon in the Third
Degree (Penal Law 265.02) and Unlawful Possession of a Large Capacity
Ammunition Feeding Device (Penal Law 265.36) for qualified retired New
York or federal law enforcement officers to continue to own magazines
with capacities for more than ten rounds so long as they were
qualified on the weapons that accept such magazines. Allows previously
retired officers a year to qualify.

Section 6 amends Penal Law Section 400.00(16-a) - Assault Weapon
Registration - to allow qualified retired New York or federal law
enforcement officers to continue to possess service assault weapons so
long as they register them within 60 days of retirement.

Section 7 amends Penal Law Section 265.20 - Exemptions Section - to
provide an exemption for possession of a magazine with a capacity for
more than ten rounds for private investigators, bail enforcement
agent, watchmen, guards, private patrolmen, security guards and
armored car guards, if duly licensed to possess a pistol or revolver
and authorized by his or her employer to access to a firearm when
performing his or her duties.

Section 8 amends Penal Law Section 265.36 - Unlawful Possession of a
Large Capacity Ammunition Feeding Device to allow private
investigators, bail enforcement agent, watchmen, guards, private
patrolmen, security guards and armored car guards to have more than


ten rounds in their high capacity magazines, if duly licensed to
possess a pistol or revolver and authorized by his or her employer to
access to a firearm when performing his or her duties, while
performing those duties.

Sections 9 and 10 amend Penal Law Section 265.20 - Exemptions Section
- to make conforming changes.

Section 11 repeals Penal Law Section 400.03 - Sellers of Ammunition
-removing all provisions requiring registration and background checks
on ammunition sales.

Section 12 amends General Business Law Section 898 to expand the
definition of "immediate family" to include siblings, grandparents,
and grandchildren for the purpose of exempting such from background
checks for private transfers of firearms.

Section 13 amends Penal Law 400.00(5) to state that pistol permit
applications and the supporting records are not public records and are
not subject to FOIL. Removes all the Opt-out provisions.

Section 14 amends Surrogates Court Procedure Act Section 2509 to keep
firearm inventories separate from estate assets, to be filed and
maintained under seal, and not subject to FOIL.

Section 15 amends Penal Law 470.00(5) to include the crime of
Aggravated Enterprise Corruption (Penal Law 460.22) as a specified
offense - new NYSAFE crime, to conform with previously existing crime
of Enterprise Corruption.

Sections 16, 17, 18 and 19 amend Executive Law Section 837(19), Mental
Hygiene Law Sections 9.46 and 33.13, and Penal Law 400.00(11)(b) to
require health practitioners report directly to DCJS instead of local
Directors of Community Services; to conforms standards for when to
report with HIPAA requirements, and requires DCJS in consultation with
Office of Mental Health and the State Education Department regulations
to ensure reported individuals are properly identified; and to
establish an administrative appeal process to ensure those who have
had their licenses suspended or revoked for mental health concerns,
receive due process.

Section 20 amends Mental Hygiene Law Section 9.46(e) to allow
concurrent court authority when an assisted outpatient moves.

Section 21 amends Public Health Law Section 18 to allow direct
reporting to DCJS by practitioners who are not employed by the State
regarding a patient who poses an imminent threat.

Section 22 is the effective date.

JUSTIFICATION: This legislation addresses concerns raised since
enactment of the NY SAFE Act. In response to a tremendous amount of
public input, this bill makes improvements to the law, making it more
fair and effective, in order to enhance public safety and protect the
rights of honest, law-abiding gun owners.

LEGISLATIVE HISTORY: New bill


FISCAL IMPLICATIONS:  Significant savings to the state for repealing
ammunition sale provisions.

EFFECTIVE DATE:  Immediately, provided that certain amendments to
Penal Law 265.00 do not affect the suspension of the effective date on
the prohibition of ten round magazines, that amendments to the mental
health reporting requirements will take effect at the same time as the
original language, and that amendments to Kendra's Law will expire
with the original language.

2013-S5905 (ACTIVE) - Bill Text download pdf

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

                                  5905

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 21, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the penal law, the general business law and  the  surro-
  gate's  court procedure act, in relation to firearms; and to amend the
  executive law, the mental hygiene law, the penal law  and  the  public
  health law, in relation to the evaluation and reporting of persons who
  present a serious and imminent threat to the health and safety of self
  or  others; and to repeal certain provisions of the penal law relating
  thereto

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

  Section 1. Section 265.37 of the penal law is REPEALED.
  S  2.  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:
  (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  ONE  of  the
laws  of two thousand thirteen [which amended this subdivision, that has
a capacity of, or that can be readily restored or  converted  to  accept
more  than seven but less than eleven rounds of ammunition, or] that was
manufactured 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 3. 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11265-06-3

S. 5905                             2

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 4. Subdivision 24 of section 265.00 of the penal law is REPEALED and
a new subdivision 24 is added to read as follows:
  24.  "QUALIFIED  RETIRED  NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER"
MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS
DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW,  A  RETIRED PEACE OFFICER AS PEACE OFFICER IS DEFINED IN
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW  OR  A  RETIRED  FEDERAL  LAW
ENFORCEMENT  OFFICER  AS  FEDERAL  LAW ENFORCEMENT OFFICER IS DEFINED IN
SECTION 2.15 OF THE CRIMINAL PROCEDURE  LAW,  WHO:  (A)  SEPARATED  FROM
SERVICE  IN  GOOD  STANDING  FROM AN AGENCY LOCATED IN NEW YORK STATE IN
WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER,  PEACE  OFFICER  OR
FEDERAL  LAW  ENFORCEMENT  OFFICER;  AND (B) (I) BEFORE SUCH SEPARATION,
SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR FEDERAL LAW ENFORCE-
MENT OFFICER FOR FIVE YEARS OR MORE AND AT THE TIME  OF  SEPARATION,  IS
SUCH  AN OFFICER; OR (II) SEPARATED FROM SERVICE WITH SUCH AGENCY, AFTER
COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF SUCH  SERVICE,  DUE  TO
SERVICE-CONNECTED  DISABILITY, AS DETERMINED BY SUCH AGENCY; AND (C) (I)
HAS NOT BEEN FOUND BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY  SUCH
AGENCY  TO BE UNQUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; OR (II)
HAS NOT ENTERED INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE  INDI-
VIDUAL  IS SEPARATING FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES
HE OR SHE IS NOT QUALIFIED UNDER THIS SECTION FOR  REASONS  RELATING  TO
MENTAL HEALTH; AND (D) IS NOT OTHERWISE PROHIBITED BY NEW YORK OR FEDER-
AL LAW FROM POSSESSING ANY FIREARM.
  S 5. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
  E.  SUBDIVISION  EIGHT  OF  SECTION  265.02 AND SECTION 265.36 OF THIS
CHAPTER SHALL NOT APPLY TO A QUALIFIED RETIRED NEW YORK OR  FEDERAL  LAW
ENFORCEMENT  OFFICER  AS  DEFINED  IN SUBDIVISION TWENTY-FOUR OF SECTION
265.00 OF THIS ARTICLE, WITH RESPECT TO LARGE CAPACITY AMMUNITION  FEED-
ING  DEVICES  ISSUED TO SUCH OFFICER OR PURCHASED BY SUCH OFFICER IN THE
COURSE OF HIS OR HER OFFICIAL DUTIES AND OWNED BY SUCH  OFFICER  AT  THE
TIME  OF  HIS  OR HER RETIREMENT OR REPLACEMENTS FOR SUCH DEVICES IF THE
FORMER AGENCY OF THE INDIVIDUAL HAS QUALIFIED SUCH OFFICER IN THE USE OF
THE WEAPON WHICH ACCEPTS SUCH DEVICE WITHIN TWELVE MONTHS BEFORE HIS  OR
HER  RETIREMENT,  OR IF SUCH OFFICER RETIRED PRIOR TO THE EFFECTIVE DATE

S. 5905                             3

OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIRTEEN  THAT  ADDED  THIS
SUBDIVISION  IF THE FORMER AGENCY OF THE INDIVIDUAL QUALIFIES SUCH OFFI-
CER IN THE USE OF THE WEAPON WHICH ACCEPTS  SUCH  DEVICE  WITHIN  TWELVE
MONTHS OF SUCH EFFECTIVE DATE.
  S 6. Subdivision 16-a of section 400.00 of the penal law is amended by
adding a new paragraph (a-1) to read as follows:
  (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION TO THE CONTRARY, AN OWNER OF AN ASSAULT WEAPON AS DEFINED IN SUBDI-
VISION  TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
VISION TWENTY-FOUR OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH  WEAPON
WAS  ISSUED  TO OR PURCHASED BY SUCH OFFICER IN THE COURSE OF HIS OR HER
OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS QUALIFIED BY HIS OR  HER
FORMER  AGENCY WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT, MUST
REGISTER SUCH WEAPON WITHIN SIXTY DAYS OF RETIREMENT.
  S 7. Subdivision a of section 265.20 of the penal law  is  amended  by
adding a new paragraph 17 to read as follows:
  17.  POSSESSION  OF  A  LARGE  CAPACITY AMMUNITION FEEDING DEVICE BY A
PRIVATE INVESTIGATOR, BAIL ENFORCEMENT AGENT,  OR  WATCHMEN,  GUARDS  OR
PRIVATE  PATROLMEN  EMPLOYED BY A WATCH GUARD OR PATROL AGENCY, LICENSED
PURSUANT TO ARTICLE SEVEN OF THE GENERAL BUSINESS  LAW,  OR  A  SECURITY
GUARD  AS DEFINED UNDER PARAGRAPHS (A), (B) OR (C) OF SUBDIVISION SIX OF
SECTION EIGHTY-NINE-F OF THE GENERAL BUSINESS LAW, AND REGISTERED PURSU-
ANT TO ARTICLE SEVEN-A OF THE GENERAL BUSINESS LAW, OR  AN  ARMORED  CAR
GUARD  AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTY-NINE-PPP OF THE
GENERAL BUSINESS LAW, IF SUCH PERSON  IS  DULY  LICENSED  TO  POSSESS  A
PISTOL OR REVOLVER PURSUANT TO SECTION 400.00 OR 400.01 OF THIS CHAPTER,
AND  IS  AUTHORIZED  BY  HIS  OR  HER  EMPLOYER TO ACCESS A FIREARM WHEN
PERFORMING HIS OR HER DUTIES.
  S 8. The first and second undesignated paragraphs of section 265.36 of
the penal law are designated subdivisions 1 and 2 and a new  subdivision
3 is added to read as follows:
  3.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO A PRIVATE INVESTI-
GATOR, BAIL ENFORCEMENT AGENT, OR WATCHMEN, GUARDS OR PRIVATE  PATROLMEN
EMPLOYED BY A WATCH GUARD OR PATROL AGENCY, LICENSED PURSUANT TO ARTICLE
SEVEN  OF THE GENERAL BUSINESS LAW, OR A SECURITY GUARD AS DEFINED UNDER
PARAGRAPHS (A), (B) OR (C) OF SUBDIVISION SIX OF  SECTION  EIGHTY-NINE-F
OF  THE GENERAL BUSINESS LAW, AND REGISTERED PURSUANT TO ARTICLE SEVEN-A
OF THE GENERAL BUSINESS LAW, OR AN  ARMORED  CAR  GUARD  AS  DEFINED  IN
SUBDIVISION  EIGHT  OF  SECTION  EIGHTY-NINE-PPP OF THE GENERAL BUSINESS
LAW, IF SUCH PERSON IS DULY LICENSED TO POSSESS  A  PISTOL  OR  REVOLVER
PURSUANT  TO  SECTION 400.00 OR 400.01 OF THIS CHAPTER, IS AUTHORIZED BY
HIS OR HER EMPLOYER TO ACCESS A  FIREARM  WHEN  PERFORMING  HIS  OR  HER
DUTIES, DURING THE PERFORMANCE OF THOSE DUTIES.
  S  9.  The opening paragraph of subdivision a of section 265.20 of the
penal law, as amended by section 1 of part FF of chapter 57 of the  laws
of 2013, is amended to read as follows:
  Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01,  265.01-a,  subdivision one of section 265.01-b, 265.02, 265.03,
265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36[, 265.37]
and 270.05 shall not apply to:
  S 10. Paragraph 7-f of subdivision a of section 265.20  of  the  penal
law is REPEALED.
  S 11. Section 400.03 of the penal law is REPEALED.
  S  12.  Subdivision  1  of section 898 of the general business law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:

S. 5905                             4

  1.  In addition to any other requirements pursuant to state and feder-
al law, all sales, exchanges or disposals of firearms, rifles  or  shot-
guns  shall  be  conducted  in  accordance with this section unless such
sale, exchange or disposal is conducted by a licensed importer, licensed
manufacturer  or licensed dealer, as those terms are defined in 18 USC S
[922] 921, when such sale, exchange or disposal is conducted pursuant to
that person's  federal  firearms  license  or  such  sale,  exchange  or
disposal is between members of an immediate family. For purposes of this
section, "immediate family" shall mean spouses, domestic partners, chil-
dren and step-children, SIBLINGS, GRANDPARENTS AND GRANDCHILDREN.
  S  13. Subdivision 5 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is 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  name  and  address]  THE  APPLICATION  AND  ANY SUPPORTING RECORDS,
INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person  to  whom  an
application  for  any  license  has  been  granted shall NOT be a public
record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.  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 offi-
cer in the executive department, division of state police, Albany, with-
in  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 electronically. 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,  department  or authority shall provide the
division with such records. In  the  event  such  clerk,  department  or
authority lacks such records, the division may request the license hold-
er  provide  information  sufficient  to constitute such record and such
license holder shall provide the division 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 established 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.
  [(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

S. 5905                             5

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.
  (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.

S. 5905                             6

  (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.]
  S 14. Section 2509 of the surrogate's court procedure act, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
S 2509. Firearms inventory
  Whenever,  by  regulation, rule or statute, a fiduciary or attorney of
record must file a list of assets constituting a decedent's estate, such
list must include a particularized description of every firearm, shotgun
and rifle, as such terms are defined in section 265.00 of the penal law,
that are part of such estate. Such [list] DESCRIPTION must  be  PREPARED
AS  A  REPORT  SEPARATE  AND  APART  FROM  THE  LIST OF ASSETS OTHERWISE
REQUIRED TO BE FILED BY THIS CHAPTER AND, UNLESS OTHERWISE  PROVIDED  BY
LAW  OR  BY  COURT  ORDER, MUST BE FILED UNDER SEAL AND MAINTAINED UNDER
SEAL BY THE COURT. SUCH SEPARATE REPORT SHALL BE filed with  the  surro-
gate's  court  in  the county in which the estate proceeding, if any, is
pending [and a]. A copy OF SUCH REPORT must be filed with  the  division
of  criminal justice services; SUCH REPORT FILED WITH THE DIVISION SHALL
NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW.
  S 15. Subdivision 5 of section 470.00 of the penal law, as amended  by
chapter 489 of the laws of 2000, is amended to read as follows:
  5.  "Specified  criminal  conduct" means criminal conduct committed in
this state constituting a criminal act, as  the  term  criminal  act  is
defined  in  section 460.10 of this [chapter] TITLE, or constituting the

S. 5905                             7

crime of enterprise corruption, as defined in  section  460.20  of  this
[chapter]  TITLE, OR CONDUCT CONSTITUTING THE CRIME OF AGGRAVATED ENTER-
PRISE CORRUPTION, AS DEFINED IN SECTION 460.22 OF THIS TITLE, or conduct
committed in any other jurisdiction which is or would be specified crim-
inal conduct if committed in this state.
  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]  NECESSARY
information  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]  PARAGRAPH  (D)  OF
SUBDIVISION  ELEVEN  OF SECTION 400.00 OF THE PENAL LAW determining that
an individual is eligible for a license pursuant to SUCH section [400.00
of the penal law] and otherwise permitted to possess a firearm.
  S 17. Subdivision (b) of section 9.46 of the mental  hygiene  law,  as
added  by  chapter 1 of the laws of 2013, is amended and a new paragraph
(e) is added 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] PRESENTS A SERIOUS AND IMMINENT THREAT TO THE HEALTH AND SAFETY
OF  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]
NECESSARY information, 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.
  (E) THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH
AND THE DEPARTMENT  OF  EDUCATION,  SHALL  PROMULGATE  REGULATIONS  THAT
ESTABLISH POLICIES AND PROCEDURES TO:
  (1) ENSURE THAT AN INDIVIDUAL REPORTING PURSUANT TO SUBDIVISION (B) OF
THIS  SECTION  IS  A  MENTAL HEALTH PROFESSIONAL LICENSED TO PRACTICE IN
THIS STATE;
  (2) EVALUATE A REPORT THAT A PERSON PRESENTS A  SERIOUS  AND  IMMINENT
THREAT TO THE HEALTH AND SAFETY OF SELF OR OTHERS; AND
  (3) ENSURE THAT THE SUBJECT OF SUCH A REPORT IS PROPERLY AND ACCURATE-
LY IDENTIFIED.
  S  18. Paragraphs 12 and 15 of subdivision (c) of section 33.13 of the
mental hygiene law, paragraph 12 as amended and paragraph 15 as added by
chapter 1 of the laws of 2013, are amended to read as follows:
  12. to a director of community services as defined in article nine  of
this  chapter or his or her designee, provided that such director or his
or her designee [(i)] requests such information in the exercise  of  his
or  her statutory functions, powers and duties pursuant to section 9.37,
9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter[; or (ii) the disclosure
of information is required pursuant to section 9.46 of this chapter].
  15. to the division of criminal  justice  services,  names  and  other
[non-clinical identifying] NECESSARY information for the sole purpose of

S. 5905                             8

implementing  the  division's responsibilities and duties under sections
400.00 and 400.02 of the penal law.
  S  19.  Paragraph (b) of subdivision 11 of section 400.00 of the penal
law, as added by chapter 1 of the laws of 2013, is  amended  and  a  new
paragraph (d) is added to read as follows:
  (b)  Whenever [the director of community services or his or her desig-
nee makes a report pursuant to section 9.46 of the mental hygiene  law,]
the  division  of criminal justice services RECEIVES AND SUBSTANTIATES A
REPORT PURSUANT TO SECTION 9.46 OF THE  MENTAL  HYGIENE  LAW,  IT  shall
convey  [such]  NON-CLINICAL IDENTIFYING information, whenever it deter-
mines that the person named in the report  possesses  a  license  issued
pursuant  to  this  section,  to the appropriate licensing official, who
shall issue an order suspending or revoking such license.
  (D) THE COMMISSIONER OF MENTAL HEALTH SHALL ESTABLISH  AN  ADMINISTRA-
TIVE  PROCESS  TO PERMIT A PERSON WHO HAS HAD THEIR LICENSE SUSPENDED OR
REVOKED UNDER PARAGRAPH (B) OF THIS SUBDIVISION TO PETITION  FOR  RELIEF
WHERE SUCH PERSON'S RECORD AND REPUTATION ARE SUCH THAT SUCH PERSON WILL
NOT  BE  LIKELY  TO ACT IN A MANNER DANGEROUS TO PUBLIC SAFETY AND WHERE
THE GRANTING OF THE RELIEF WOULD NOT BE CONTRARY TO PUBLIC  SAFETY.  THE
COMMISSIONER  OF MENTAL HEALTH SHALL PROMULGATE REGULATIONS TO ESTABLISH
THE RELIEF  PROGRAM,  WHICH  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,
PROVISIONS  PROVIDING  FOR:  (I) AN OPPORTUNITY FOR A PERSON WHO HAS HAD
THEIR LICENSE SUSPENDED OR REVOKED UNDER PARAGRAPH (B) OF THIS  SUBDIVI-
SION TO PETITION FOR RELIEF IN WRITING; (II) THE AUTHORITY FOR THE AGEN-
CY TO REQUIRE THAT THE PETITIONER UNDERGO A CLINICAL EVALUATION AND RISK
ASSESSMENT;  AND (III) A REQUIREMENT THAT THE AGENCY ISSUE A DECISION IN
WRITING EXPLAINING THE REASONS FOR A DENIAL  OR  GRANT  OF  RELIEF.  THE
DENIAL  OF A PETITION FOR RELIEF MAY BE REVIEWED DE NOVO PURSUANT TO THE
PROCEEDINGS UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW  AND
RULES.
  S  20.  The  opening  paragraph  of  paragraph 1 of subdivision (e) of
section 9.60 of the mental hygiene law, as amended by chapter 158 of the
laws of 2005, is amended to read as follows;
  A petition for an order authorizing assisted outpatient treatment  may
be  filed  in  the  supreme  or  county court in the county in which the
subject of the petition is present or reasonably believed to be present.
WHEN A DIRECTOR OF COMMUNITY SERVICES HAS  REASON  TO  BELIEVE  THAT  AN
ASSISTED  OUTPATIENT  HAS CHANGED HIS OR HER COUNTY OF RESIDENCE, FUTURE
PETITIONS AND APPLICATIONS UNDER  THIS  SECTION  MAY  BE  FILED  IN  THE
SUPREME OR COUNTY COURT IN THE ASSISTED OUTPATIENT'S NEW COUNTY OF RESI-
DENCE,  WHICH  SHALL  HAVE  CONCURRENT  JURISDICTION WITH THE COURT THAT
INITIALLY ORDERED SUCH TREATMENT. Such petition may be initiated only by
the following persons:
  S 21. Subdivisions 9, 10, 11 and 12 of section 18 of the public health
law are renumbered subdivisions 10, 11, 12 and 13 and a new  subdivision
9 is added to read as follows:
  9.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, INFORMATION
ABOUT PATIENTS OR CLIENTS, INCLUDING THE IDENTIFICATION OF  PATIENTS  OR
CLIENTS,  CLINICAL  RECORDS  OR CLINICAL INFORMATION TENDING TO IDENTIFY
PATIENTS OR CLIENTS, MAY BE RELEASED BY A MENTAL HEALTH PROFESSIONAL, AS
DEFINED BY SECTION 9.46 OF THE MENTAL HYGIENE LAW:
  (1) TO AN ENDANGERED INDIVIDUAL AND A LAW ENFORCEMENT  AGENCY  WHEN  A
TREATING  MENTAL  HEALTH  PROFESSIONAL  HAS DETERMINED THAT A PATIENT OR
CLIENT PRESENTS A SERIOUS AND IMMINENT DANGER TO  THAT  INDIVIDUAL.  THE
REASONS  FOR ANY SUCH DISCLOSURES SHALL BE FULLY DOCUMENTED IN THE CLIN-
ICAL RECORD. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO  IMPOSE  AN

S. 5905                             9

OBLIGATION  UPON A TREATING MENTAL HEALTH PROFESSIONAL TO RELEASE INFOR-
MATION PURSUANT TO THIS PARAGRAPH.
  (2)  TO  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES, NAMES AND OTHER
NECESSARY INFORMATION FOR THE SOLE PURPOSE  OF  IMPLEMENTING  THE  DIVI-
SION'S  RESPONSIBILITIES  AND DUTIES UNDER SECTIONS 400.00 AND 400.02 OF
THE PENAL LAW.
  S 22. This act shall take effect immediately, provided that:
  1. the amendments to paragraphs (b)  and  (c)  of  subdivision  23  of
section  265.00 of the penal law made by section three of this act shall
not affect the suspension of such paragraphs pursuant to  subdivision  b
of section 58 of chapter 1 of the laws of 2013, as amended;
  2. the amendments to subdivision 11 of section 400.00 of the penal law
made  by section nineteen 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
  3.  the  amendments  to section 9.60 of the mental hygiene law made by
section twenty of this act shall not affect the expiration and repeal of
such section and shall expire and be deemed repealed therewith.

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Archive: Last Bill Status - In Senate Committee Codes Committee

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