Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Sep 17, 2018 |
referred to rules |
Senate Bill S9167
2017-2018 Legislative Session
Sponsored By
(R) Senate District
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
Actions
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) - Sponsor Memo
BILL NUMBER: S9167 SPONSOR: BOYLE TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill increases the penalties for possession, purchasing, selling or disposing of a firearm after being convicted of a domestic violence crime by creating a new section. SUMMARY OF SPECIFIC PROVISIONS: Section 1. 1. Creates the crime of criminal possession of a weapon by a domestic violence offender of certain crimes in the first degree, when an indi-
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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