Senate Bill S827

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    827
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06609-01-9

              

 S. 827                              2
 
   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
 DEGREE,  MENACING  IN  THE  THIRD DEGREE, MENACING IN THE SECOND DEGREE,
 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL  IMPRI-
 SONMENT  IN  THE  SECOND  DEGREE, COERCION IN THE THIRD DEGREE, CRIMINAL
 CONTEMPT IN THE SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, OR AGGRA-
 VATED HARASSMENT IN THE SECOND DEGREE, CRIMINAL TRESPASS  IN  THE  THIRD
 DEGREE,  CRIMINAL  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  PROCEDURE LAW, TO BE MEMBERS OF THE SAME FAMILY OR HOUSE-
 HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION  530.11  OF  THE  CRIMINAL
 PROCEDURE  LAW, AND SUCH PERSON HAS BEEN DEEMED PROHIBITED FROM POSSESS-
 ING A FIREARM OR OTHER WEAPON DUE TO SUCH CONVICTION; AND
   1. HE OR SHE PURCHASES A FIREARM OR OTHER WEAPON, ON BEHALF OF, OR FOR
 THE USE OF SUCH OTHER PERSON; OR
   2. HE OR SHE DISPOSES OF A FIREARM  OR  OTHER  WEAPON  TO  SUCH  OTHER
 PERSON.
   CRIMINAL POSSESSION OF A WEAPON BY A DOMESTIC VIOLENCE OFFENDER IN THE
 FIRST DEGREE IS A CLASS D FELONY.
 § 265.18-A CRIMINAL POSSESSION OF A WEAPON BY A DOMESTIC VIOLENCE OFFEN-
             DER IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY OF CRIMINAL POSSESSION OF A WEAPON BY A DOMESTIC
 VIOLENCE OFFENDER IN THE SECOND DEGREE WHEN:
   (A) SUCH PERSON HAS BEEN CONVICTED OF CRIMINAL TAMPERING IN THE  THIRD
 DEGREE  AND  THE  DEFENDANT AND VICTIM HAVE BEEN DETERMINED, PURSUANT TO
 SECTION 370.15 OF THE CRIMINAL PROCEDURE 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 CRIMINAL TAMPERING IN THE
 THIRD DEGREE AND THE DEFENDANT AND VICTIM HAVE BEEN DETERMINED, PURSUANT
 TO  SECTION  370.15  OF THE CRIMINAL PROCEDURE 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 PROHIBIT-
 ED FROM POSSESSING A FIREARM OR OTHER WEAPON DUE TO SUCH CONVICTION; AND
   1. HE OR SHE PURCHASES A FIREARM OR OTHER WEAPON, ON BEHALF OF, OR FOR
 THE USE OF SUCH OTHER PERSON; OR
   2. HE OR SHE DISPOSES OF A FIREARM  OR  OTHER  WEAPON  TO  SUCH  OTHER
 PERSON.
   CRIMINAL POSSESSION OF A WEAPON BY A DOMESTIC VIOLENCE OFFENDER IN THE
 SECOND DEGREE IS A CLASS E FELONY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.