NY State Senate Bill S8475

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
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- Passed Senate
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2018	referred to codes

S8475 (ACTIVE) - Details

See Assembly Version of this Bill:: A3729
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10036
2011-2012: A3622
2013-2014: S4784, A2092
2015-2016: S3455, A4697
2019-2020: S4202, A4816

S8475 (ACTIVE) - Summary

Prohibits the manufacture, transport, shipment or possession of an undetectable knife.

S8475 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8475

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the penal law, in relation to prohib-
iting the manufacture, transport or shipment of undetectable knives and
prohibiting the possession of such knives

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the manufacture, transportation, shipment and possession of
an undetectable knife as defined.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 265.00 of the penal law to add a new subdivision 5-d
"Undetectable knife" which is defined as a knife or other instrument
that does not utilize materials that are detectable by a metal detector
or magnetometer at standard calibrations. Additionally it further
defines that the "undetectable knife" is capable of ready use as a stab-
bing or cutting weapon and was commercially manufactured as a weapon

Section 2 amends § 265.01 subdivision (2) of the penal law to read that
any person who possesses an undetectable knife with the intent to use
unlawfully against another will be charged with a class A misdemeanor.

Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law,
making the manufacture, transportation or shipment of an undetectable
knife a class A misdemeanor.

 
JUSTIFICATION:

The original intent for the manufacture and sale of undetectable knives
was based on their advantageous use for the police and military during
covert operations. However, the general public has access to the
purchase of these weapons through online weapons distributors, print
catalogues, and other weapons outlets.

These weapons are strong enough to penetrate steel drums, car doors,
wood planks, etc. without damage to the knife. These weapons are also
serrated and can be sharpened with standard sharpening devices used for
metal knives. It is equally troubling that they are advertised as being
non-magnetic and can escape detection. In one instance, an undetectable
knife was used in a Compton, California courtroom, where a defendant
smuggled a ten-inch non-metallic knife past metal detectors and stabbed
two bailiffs.

These weapons present a severe security risk to any building that
utilizes a metal detector for the prevention of violence or possible
terrorist acts. The proliferation of these knives in our society aide
those who seek to inflict harm in areas where security is closely moni-
tored. We know firsthand how the possession of a seemingly innocuous
tool was used to hijack three planes and take thousands of lives. We
must learn from prior complacency and assume the role of a legislative
body that acts before a scheme targeting innocents materializes into
reality.

Possession of an "undetectable knife" would become a Class A misdemeanor
under section 256.01 of the Penal Law.

Manufacture, transportation or shipping of an "undetectable knife" would
become a Class A misdemeanor under section 256.10 of the Penal Law.

Upon conviction of either offense, a court could sentence an individual
to a maximum of one year in jail or three years probation.  Addi-
tionally, the court may impose a fine up to $1000 or twice the maximum
amount of any gain derived.

Exemption to for military, police and others: This bill would allow
members of the military, police officers and other persons exempted from
the possession, transportation or shipment provisions in § 265.01 and §
265.10 of the penal law, to retain or obtain this weapon for official
use. The statutory authority for this exemption derives from § 265.20 of
the penal law.

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

 
PRIOR LEGISLATIVE HISTORY:

2015-2016 Session - S.3455 - referred to Codes, no further action
2013-2014 Session - S.4784 - referred to Codes, no further action
Similar to S.6938 of 2010 Session

 
FISCAL IMPLICATIONS:

None

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

S8475 (ACTIVE) - Bill Text download pdf


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

                                  8475

                            I N  S E N A T E

                               May 8, 2018
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting  the  manufac-
  ture, transport or shipment of undetectable knives and prohibiting the
  possession of such knives

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

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 5-d to read as follows:
  5-D.  "UNDETECTABLE  KNIFE" MEANS ANY KNIFE OR OTHER INSTRUMENT, WHICH
DOES NOT UTILIZE MATERIALS THAT ARE DETECTABLE BY A  METAL  DETECTOR  OR
MAGNETOMETER  WHEN  SET  AT  A  STANDARD CALIBRATION, THAT IS CAPABLE OF
READY USE AS A STABBING OR CUTTING WEAPON AND WAS COMMERCIALLY  MANUFAC-
TURED TO BE USED AS A WEAPON.
  §  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
chapter 269 of the laws of 2016, is amended to read as follows:
  (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
razor,  stiletto,  imitation  pistol,  UNDETECTABLE  KNIFE  or any other
dangerous or deadly instrument or weapon with intent  to  use  the  same
unlawfully against another; or
  §  3.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
follows:
  1.  Any  person  who  manufactures  or  causes  to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic  knife,  metal  knuckle  knife,  UNDETECTABLE  KNIFE,   billy,
blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
misdemeanor.
  2. Any person who transports or ships any machine-gun, firearm silenc-
er,  assault  weapon  or  large  capacity  ammunition  feeding device or
disguised gun, or who transports or ships as merchandise  five  or  more

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04985-01-7

S. 8475                             2

firearms,  is  guilty  of a class D felony. Any person who transports or
ships as merchandise any firearm, other than an assault weapon,  switch-
blade  knife,  gravity knife, pilum ballistic knife, UNDETECTABLE KNIFE,
billy,  blackjack,  bludgeon,  plastic knuckles, metal knuckles, Kung Fu
star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
nor.
  § 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S8475

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Archive: Last Bill Status - In Senate Committee Codes Committee

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S8475 (ACTIVE) - Details

S8475 (ACTIVE) - Summary

S8475 (ACTIVE) - Sponsor Memo

S8475 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8475

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

S8475 (ACTIVE) - Details

S8475 (ACTIVE) - Summary

S8475 (ACTIVE) - Sponsor Memo

S8475 (ACTIVE) - Bill Text download pdf

Comments