NY State Senate Bill S4769A

Archive: Last Bill Status Via A5667 - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2017	tabled vetoed memo.171
Oct 11, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.1031 substituted for s4769a
Jun 21, 2017	substituted by a5667a
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.1031
Apr 19, 2017	print number 4769a
Apr 19, 2017	amend and recommit to codes
Feb 28, 2017	referred to codes

Votes

view votes

Jun 21, 2017 - floor Vote

A5667A

floor

Aye

Nay

Absent

Excused

Abstained

May 16, 2017 - Codes committee Vote

S4769A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S4769 - Details

See Assembly Version of this Bill:: A5667
Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L

S4769 - Summary

Relates to the definition of a gravity knife; removes reference to the application of centrifugal force from the definition of a gravity knife.

S4769 - Sponsor Memo

 BILL NUMBER:  S4769

 TITLE OF BILL :  An act to amend the penal law, in relation to the
definition of a gravity knife

 PURPOSE OR GENERAL IDEA OF BILL :

To clarify the definition of a gravity knife.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 defines "gravity knife."

Section 2 is the effective date.

 JUSTIFICATION :

In the 1950s, amid a widespread fear of knife crime, the Legislature
enacted a sweeping ban of switch blades and gravity knives. Decades
later, the application of this law has been expanded to include any
common folding knife. Today, the Legal Aid Society estimates at least
5,000 New Yorkers are arrested every year for carrying a pocket knife.

Crime in New York City remains at the lowest levels in modern history.
Much of this is due to the good work of NYPD officers in preventing
crime before it happens, in partnership with communities and other

agencies. By taking steps to identify predictive markers of crime and
addressing problems before they become crimes, New York City is one of
the safest big cities in the world. The issue of these knives
distracts officers from doing the work of keeping New York safe while
unfairly pushing New Yorkers with no unlawful intentions and who
present no danger to public safety into the criminal justice system.

The problem is clear, and there is near unanimous support for finding
a solution. In 2016, a similar bill overwhelmingly passed each House
of the Legislature with bipartisan support; unfortunately, that bill
was vetoed. Organizational support has come from the NRA, the Legal
Aid Society, Knife Rights, Brooklyn Defender Services, the Chief
Defenders Association of New York, IATSE, Safari Club International,
the Congressional Sportsmen's Foundation, the NAACP Legal Defense
Fund, JustLeadershipUSA, the AFL-CIO, the New York State Black, Puerto
Rican, Hispanic and Asian Legislation Caucus, criminal law professors
at Yale Law School, and the NYCLU. Even the Governor's veto message,
admits that the current situation is untenable. This legislation
addresses his concerns with that bill.

This bill will solve the problem by clarifying that the Legislature's
intent is not to ban all pocket knives, but to ban switchblades and
gravity knives, two very specific kinds of weapons with very specific
characteristic mechanisms. Many states have passed similar
legislation, including Georgia, Kansas, Missouri and New Hampshire,
without any resultant increase in crime. Further, this bill will
ensure that the Legislature's intent is clear for prosecutors
statewide and will secure uniformity in the law's interpretations. New
Yorkers should not worry that a knife that is allowed in Onondaga
County will be illegal in Manhattan.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill. Similar legislation passed both Houses in 2016,
but was vetoed.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

S4769 - Bill Text download pdf


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

                                  4769

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 28, 2017
                               ___________

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 the definition of a gravi-
  ty knife

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

  Section 1. Subdivision 5 of section 265.00 of the penal law is amended
to read as follows:
  5. "Gravity knife" means any knife which has a blade which is released
from the handle or sheath thereof by the force of gravity [or the appli-
cation of centrifugal force] which, when released, is locked in place by
means of a button, spring, lever or other device.
  § 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09626-01-7

Co-Sponsors

S4769A (ACTIVE) - Details

See Assembly Version of this Bill:: A5667
Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L

S4769A (ACTIVE) - Summary

Relates to the definition of a gravity knife; removes reference to the application of centrifugal force from the definition of a gravity knife.

S4769A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4769A

 TITLE OF BILL :

An act to amend the penal law, in relation to the definition of a
gravity knife

 PURPOSE OR GENERAL IDEA OF BILL :

To clarify the definition of a gravity knife.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 defines "gravity knife."

Section 2 is the effective date.

 JUSTIFICATION :

In the 1950s, amid a widespread fear of knife crime, the Legislature
enacted a sweeping ban of switch blades and gravity knives. Decades
later, the application of this law has been expanded to include any
common folding knife. Today, the Legal Aid Society estimates at least
5,000 New Yorkers are arrested every year for carrying a pocket knife.

Crime in New York City remains at the lowest levels in modern history.

Much of this is due to the good work of NYPD officers in preventing
crime before it happens, in partnership with communities and other
agencies. By taking steps to identify predictive markers of crime and
addressing problems before they become crimes, New York City is one of
the safest big cities in the world. The issue of these knives
distracts officers from doing the work of keeping New York safe while
unfairly pushing New Yorkers with no unlawful intentions and who
present no danger to public safety into the criminal justice system.

The problem is clear, and there is near unanimous support for finding
a solution. In 2016, a similar bill overwhelmingly passed each House
of the Legislature with bipartisan support; unfortunately, that bill
was vetoed. Organizational support has come from the NRA, the Legal
Aid Society, Knife Rights, Brooklyn Defender Services, the Chief
Defenders Association of New York, IATSE, Safari Club International,
the Congressional Sportsmen's Foundation, the NAACP Legal Defense
Fund, JustLeadershipUSA, the AFL-CIO, the New York State Black, Puerto
Rican, Hispanic and Asian Legislation Caucus, criminal law professors
at Yale Law School, and the NYCLU. Even the Governor's veto message,
admits that the current situation is untenable. This legislation
addresses his concerns with that bill.

This bill will solve the problem by clarifying that the Legislature's
intent is not to ban all pocket knives, but to ban switchblades and
gravity knives, two very specific kinds of weapons with very specific
characteristic mechanisms. Many states have passed similar
legislation, including Georgia, Kansas, Missouri and New Hampshire,
without any resultant increase in crime. Further, this bill will
ensure that the Legislature's intent is clear for prosecutors
statewide and will secure uniformity in the law's interpretations. New
Yorkers should not worry that a knife that is allowed in Onondaga
County will be illegal in Manhattan.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill. Similar legislation passed both Houses in 2016,
but was vetoed.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

S4769A (ACTIVE) - Bill Text download pdf


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

                                 4769--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 28, 2017
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to the definition of a gravi-
  ty knife

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

  Section 1. Subdivision 5 of section 265.00 of the penal law is amended
to read as follows:
  5. "Gravity knife" means any knife which has a blade which is released
from the handle or sheath thereof SOLELY by the force of gravity [or the
application of centrifugal force] which, when  released,  is  locked  in
place by means of a button, spring, lever or other device.
  § 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09626-03-7

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The New York State Senate

senate Bill S4769A

Sponsored By

Archive: Last Bill Status Via A5667 - Vetoed by Governor

Your Voice

Actions

Votes

Jun 21, 2017 - floor Vote

Floor Vote: Jun 21, 2017

May 16, 2017 - Codes committee Vote

Codes Committee Vote: May 16, 2017

Bill Amendments

S4769 - Details

S4769 - Summary

S4769 - Sponsor Memo

S4769 - Bill Text download pdf

Co-Sponsors

S4769A (ACTIVE) - Details

S4769A (ACTIVE) - Summary

S4769A (ACTIVE) - Sponsor Memo

S4769A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4769A

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status Via A5667 - Vetoed by Governor

Your Voice

Actions

Votes

Jun 21, 2017 - floor Vote

Floor Vote: Jun 21, 2017

May 16, 2017 - Codes committee Vote

Codes Committee Vote: May 16, 2017

Bill Amendments

S4769 - Details

S4769 - Summary

S4769 - Sponsor Memo

S4769 - Bill Text download pdf

Co-Sponsors

Robert G. Ortt

S4769A (ACTIVE) - Details

S4769A (ACTIVE) - Summary

S4769A (ACTIVE) - Sponsor Memo

S4769A (ACTIVE) - Bill Text download pdf

Comments