Senate Bill S9167

2017-2018 Legislative Session

Establishes the crime of criminal possession of a weapon by a domestic violence offender in the first and second degrees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2017-S9167 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§265.18 & 265.18-a, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S827

2017-S9167 (ACTIVE) - Summary

Establishes the crime of criminal possession of a weapon by a domestic violence offender in the first and second degrees.

2017-S9167 (ACTIVE) - Sponsor Memo

2017-S9167 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9167
 
                             I N  S E N A T E
 
                            September 17, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to establishing the crimes of
   criminal possession of a weapon by a domestic violence offender in the
   first and second degrees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding two new sections 265.18
 and 265.18-a to read as follows:
 § 265.18 CRIMINAL POSSESSION OF A WEAPON BY A DOMESTIC VIOLENCE OFFENDER
             IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON  BY  A  DOMESTIC
 VIOLENCE OFFENDER IN THE FIRST DEGREE WHEN:
   (A)  SUCH  PERSON  HAS  BEEN CONVICTED OF ASSAULT IN THE THIRD DEGREE,
 MENACING IN THE THIRD DEGREE, MENACING IN THE  SECOND  DEGREE,  CRIMINAL
 OBSTRUCTION  OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN
 THE SECOND DEGREE, COERCION IN THE THIRD DEGREE,  CRIMINAL  CONTEMPT  IN
 THE SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, OR AGGRAVATED HARASS-
 MENT IN THE SECOND DEGREE, CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMI-
 NAL TRESPASS IN THE SECOND DEGREE, ARSON IN THE FIFTH DEGREE, OR ATTEMPT
 TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES, AND THE DEFENDANT AND VICTIM
 HAVE  BEEN DETERMINED, PURSUANT TO SECTION 370.15 OF THE CRIMINAL PROCE-
 DURE LAW, TO BE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD  AS  DEFINED  IN
 SUBDIVISION  ONE  OF  SECTION  530.11 OF THE CRIMINAL PROCEDURE LAW, AND
 SUCH PERSON HAS BEEN DEEMED PROHIBITED  FROM  POSSESSING  A  FIREARM  OR
 OTHER WEAPON DUE TO SUCH CONVICTION; AND
   1.  KNOWING  THAT  HE  OR  SHE  IS PROHIBITED BY LAW FROM POSSESSING A
 FIREARM OR OTHER WEAPON, SUCH PERSON PURCHASES A FIREARM OR OTHER WEAPON
 FROM ANOTHER PERSON; OR
   2. KNOWING THAT HE OR SHE IS  PROHIBITED  BY  LAW  FROM  POSSESSING  A
 FIREARM  OR OTHER WEAPON, SUCH PERSON POSSESSES A FIREARM OR OTHER WEAP-
 ON; OR
   (B) KNOWING THAT IT WOULD BE UNLAWFUL FOR ANOTHER PERSON TO POSSESS  A
 FIREARM  OR  OTHER  WEAPON  DUE  TO A CONVICTION OF ASSAULT IN THE THIRD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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