S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2132
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. HAWLEY, STEC, BRABENEC, LAWRENCE, CROUCH, MONTES-
   ANO,  BLANKENBUSH,  TAGUE  --  Multi-Sponsored by -- M. of A. BARCLAY,
   B. MILLER -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the civil rights law, in relation  to  establishing  the
   civil  rights  restoration act; to amend the penal law, in relation to
   medical and/or clinical records and reporting for purposes of  firearm
   licenses,  in  relation to the destruction of firearms, in relation to
   registration of sellers of ammunition, and in  relation  to  exempting
   certain  individuals  from  having to provide a photograph for firearm
   licensing purposes; to amend the general business law, in relation  to
   expanding  the  definition  of  immediate  family; to amend the mental
   hygiene law, in relation to reporting; repealing certain provisions of
   the penal law relating to firearms licenses and sellers of ammunition;
   and repealing certain provisions of the mental  hygiene  law  and  the
   executive  law, relating to reporting of substantial risk or threat of
   harm by mental health professionals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "civil rights restoration act".
   § 2. The civil rights law is amended by adding a new section  79-o  to
 read as follows:
   § 79-O. CIVIL RIGHTS RESTORATION. 1. IN ANY PROCEEDING THAT MAY IMPACT
 AN  INDIVIDUAL'S  RIGHTS UNDER THE SECOND AMENDMENT OF THE UNITED STATES
 CONSTITUTION, OR ANY SIMILAR STATE  RIGHT,  INCLUDING  SUCH  PROCEEDINGS
 THAT  COULD  RESULT  IN  THE  LOSS  OF  A  LICENSE TO CARRY OR POSSESS A
 FIREARM:
   (A) NO COURT ORDER SHALL BE ISSUED NOR PROCEEDING BE COMMENCED  UNLESS
 ALL PLEADINGS OR OTHER ACCUSATORY INSTRUMENTS HAVE BEEN FILED AND SERVED
 IN  CONFORMITY  WITH ARTICLE THIRTY OF THE CIVIL PRACTICE LAW AND RULES,
 AND WHERE SUCH PLEADING INCLUDES AN ALLEGATION THAT THE  INDIVIDUAL  HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01601-01-9

 A. 2132                             2
 
 BEEN  "INVOLUNTARILY  COMMITTED  TO A MENTAL INSTITUTION," SUCH PLEADING
 SHALL INCLUDE AN ALLEGATION AS TO THE SAID COURT ORDER DATE  AND  JURIS-
 DICTION;
   (B) THE BURDEN OF PROOF IN SUCH PROCEEDING SHALL BE NO LESS THAN CLEAR
 AND CONVINCING EVIDENCE;
   (C)  INDIVIDUALS MAY EXAMINE THE ENTIRE CONTENTS OF HIS OR HER FIREARM
 LICENSE RECORDS  CONSTRUCTED  BY  STATE  AND  LOCAL  LICENSING  AND  LAW
 ENFORCEMENT AUTHORITIES;
   (D) THERE SHALL BE A RIGHT TO COUNSEL, INCLUDING THE RIGHT TO ASSIGNED
 COUNSEL, IF COUNSEL CANNOT BE AFFORDED; AND
   (E)  ANY  FIREARMS CONFISCATED AND/OR SURRENDERED INTO LAW ENFORCEMENT
 EVIDENCE STATUS DURING SUCH PROCEEDING SHALL NOT  BE  DESTROYED,  UNLESS
 SPECIFICALLY  DIRECTED  THROUGH  A WRITTEN ORDER BY A COURT OF COMPETENT
 JURISDICTION AT  THE  CONCLUSION  OF  ALL  DISQUALIFICATION  PROCEEDINGS
 RELATING TO THE INDIVIDUAL, INCLUDING ANY APPEALS UNDERTAKEN.
   2.  (A)  THERE  SHALL  BE  CONTEMPORANEOUS WRITTEN NOTIFICATION TO ALL
 INDIVIDUALS BEING REPORTED TO ANY LAW ENFORCEMENT  DATABASE  THAT  COULD
 RESULT  IN  THE  DEPRIVATION OF RIGHTS TO OWN, POSSESS, OR USE A FIREARM
 AND/OR THE DEPRIVATION OF A LAWFULLY OWNED FIREARM, INCLUDING,  BUT  NOT
 LIMITED  TO, REPORTS UNDER FORMER SECTION 9.46 OF THE MENTAL HYGIENE LAW
 AND UNDER 18 USC § 922(G).
   (B) THERE SHALL BE WRITTEN NOTIFICATION TRANSMITTED WITHIN NINETY DAYS
 OF THE EFFECTIVE DATE OF THIS  SECTION  TO  ALL  INDIVIDUALS  PREVIOUSLY
 REPORTED  INTO  ANY  LAW  ENFORCEMENT  DATABASE THAT COULD RESULT IN THE
 DEPRIVATION OF RIGHTS TO OWN, POSSESS,  OR  USE  A  FIREARM  AND/OR  THE
 DEPRIVATION  OF A LAWFULLY OWNED FIREARM, INCLUDING, BUT NOT LIMITED TO,
 THE DATABASES MAINTAINED BY THE OFFICE OF MENTAL HEALTH, THE DIVISION OF
 CRIMINAL JUSTICE SERVICES, AND THE DIVISION OF STATE POLICE IN  CONJUNC-
 TION  WITH  REPORTS  MADE  UNDER  THE  FORMER SECTION 9.46 OF THE MENTAL
 HYGIENE LAW AND/OR UNDER 18 USC  §  922(G)(4),  AND  THAT  SUCH  WRITTEN
 NOTIFICATION  SHALL  INCLUDE NOTICE THAT THE INDIVIDUAL MAY HAVE A RIGHT
 TO COMMENCE A PROCEEDING IN EITHER THE NEW YORK STATE SUPREME  COURT  OR
 COUNTY  COURT UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAWS AND
 RULES IF HE OR SHE BELIEVES THAT THE INFORMATION  CONTAINED  WITHIN  THE
 NOTIFICATION IS IN ERROR.
   (C)  ANY  INDIVIDUAL,  BUSINESS, OR GOVERNMENTAL OFFICIAL WHO, KNOWING
 THE INFORMATION REPORTED, CONVEYED OR CIRCULATED TO  BE  FALSE,  REPORTS
 THAT  A  PERSON  HAS BEEN INVOLUNTARILY COMMITTED, SHALL BE SUBJECT TO A
 CIVIL FINE OF NOT MORE THAN TEN THOUSAND DOLLARS PER OFFENSE.
   (D) IN ANY PROCEEDING WHERE AN INDIVIDUAL ESTABLISHES  THAT  A  REPORT
 THAT  HE OR SHE WAS INVOLUNTARILY COMMITTED WAS FALSE, REASONABLE ATTOR-
 NEY'S FEES AND COSTS SHALL BE REIMBURSED BY THE STATE.
   (E) THE STATE SHALL CORRECT ANY FALSE OR INCORRECT REPORT  AGAINST  AN
 INDIVIDUAL  TO STATE AND FEDERAL DATABASES, INCLUDING THOSE UNDER 18 USC
 §922(G), WITHIN SEVEN DAYS OF ENTRY AND SERVICE  UPON  THE  STATE  OF  A
 FINAL ORDER OF DISPOSITION IN A CASE. THE FAILURE OF THE STATE TO TIMELY
 DO SO SHALL BE PUNISHABLE AS A CONTEMPT OF COURT.
   (F)  NOTWITHSTANDING  ANY  LAW, RULE OR REGULATION TO THE CONTRARY, AN
 INDIVIDUAL'S MEDICAL AND/OR CLINICAL  RECORDS  SHALL  NOT  BE  USED  FOR
 ROUTINE  LAW  ENFORCEMENT REPORTING PURPOSES RELATIVE TO FIREARMS OWNER-
 SHIP, USE, POSSESSION, OR SUITABILITY.
   § 3. Section 400.02 of the penal law, as added by  chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 400.02 Statewide license and record database.
   There  shall be a statewide license and record database which shall be
 created and maintained by the division of state police the cost of which

 A. 2132                             3
 
 shall not be borne by any municipality. Records assembled  or  collected
 for  purposes  of  inclusion  in  such  database shall not be subject to
 disclosure pursuant to article six of the public officers law, EXCEPTING
 ANY  NON-IDENTIFYING RECORDS SUCH AS EXISTING STATISTICAL TABULATIONS OR
 THOSE CAPABLE OF BEING PERFORMED OR SUCH  RECORD  RESPONSES  AS  CAN  BE
 REASONABLY  SATISFIED  THROUGH  REDACTED  RESPONSE.  Records  containing
 granted license applications shall be periodically checked by the  divi-
 sion  of  criminal justice services against criminal [conviction, mental
 health, and all other records] CONVICTIONS  as  [are]  IS  necessary  to
 determine  their  continued accuracy as well as whether an individual is
 no longer a valid license  holder.  The  division  of  criminal  justice
 services  shall  also  check  pending applications made pursuant to this
 article against such records to  determine  whether  a  license  may  be
 granted.  All state agencies shall cooperate with the division of crimi-
 nal justice services, as otherwise authorized by law,  in  making  their
 records  available  for  such  checks.  The division of criminal justice
 services, upon determining that an individual is ineligible to possess a
 license, or is no longer a valid license holder, shall notify the appli-
 cable licensing official of such determination and such licensing  offi-
 cial  shall  not  issue a license or revoke such license and any weapons
 owned or possessed by such individual shall be removed  consistent  with
 the  provisions of subdivision eleven of section 400.00 of this article.
 Local and state law enforcement shall have access to such  database,  as
 otherwise authorized by law, in the performance of their duties. Records
 assembled  or collected for purposes of inclusion in the database estab-
 lished by this section shall be released pursuant to a court order.
   § 4. Paragraph (b) of subdivision 11 of section 400.00  of  the  penal
 law is REPEALED.
   § 5. Section 400.05 of the penal law is amended by adding a new subdi-
 vision 7 to read as follows:
   7. WHENEVER ANY MACHINE-GUN OR FIREARM IS DESTROYED PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION, ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES
 SHALL  PUBLISH  ON  THEIR  WEBSITE,  ON AN ANNUAL BASIS, AN INVENTORY OF
 EVERY MACHINE-GUN OR FIREARM THAT IS DESTROYED, INCLUDING  THE  CALIBER,
 MAKE,  MODEL,  MANUFACTURER'S NAME, SERIAL NUMBER, OR IF NONE, ANY OTHER
 DISTINGUISHING NUMBER OR  IDENTIFICATION  MARK  OF  THE  MACHINE-GUN  OR
 FIREARM, AND IF APPLICABLE, THE JURISDICTION AND DATE OF THE COURT ORDER
 DIRECTING  THE  SURRENDER  AND/OR  DESTRUCTION  OF  SUCH  MACHINE-GUN OR
 FIREARM.
   § 6. Paragraph (c) of subdivisions 11 and 16-a and  paragraph  (b)  of
 subdivision 10 of section 400.00 of the penal law are REPEALED.
   §  7.  Subdivision  1  of  section 898 of the general business law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   1.  In addition to any other requirements pursuant to state and feder-
 al law, all sales, exchanges or disposals of firearms, rifles  or  shot-
 guns  shall  be  conducted  in  accordance with this section unless such
 sale, exchange or disposal is conducted by a licensed importer, licensed
 manufacturer or licensed dealer, as those terms are defined in 18 USC  §
 922,  when such sale, exchange or disposal is conducted pursuant to that
 person's federal firearms license or such sale, exchange or disposal  is
 between  members  of  an immediate family. For purposes of this section,
 "immediate family"  shall  mean  spouses,  domestic  partners,  PARENTS,
 BROTHERS, SISTERS, children and step-children.
   §  8.  Subdivision 17 of section 400.00 of the penal law is renumbered
 subdivision 18 and a new subdivision 17 is added to read as follows:

 A. 2132                             4
 
   17. APPLICANTS WHO HAVE A GENUINE AND SINCERE  RELIGIOUS  BELIEF,  WHO
 HAVE  PROVIDED  FINGERPRINTS  PURSUANT  TO  THIS  SECTION,  SHALL NOT BE
 REQUIRED TO PROVIDE PHOTOGRAPHS OF  THEMSELVES  IN  ORDER  TO  OBTAIN  A
 LICENSE AS REQUIRED BY THIS SECTION.
   § 9. Section 400.03 of the penal law is REPEALED.
   §  10.  Subdivision 16-a of section 400.00 of the penal law is amended
 by adding a new paragraph (c) to read as follows:
   (C) THE DIVISION OF STATE POLICE SHALL NOT REQUIRE THE REGISTRATION OF
 A SELLER OF AMMUNITION, AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
 265.00 OF THIS CHAPTER, IN ORDER FOR SUCH SELLER OF AMMUNITION TO  OPER-
 ATE HIS OR HER BUSINESS.
   § 11. Section 9.46 of the mental hygiene law is REPEALED.
   § 12. Subdivision 19 of section 837 of the executive law is REPEALED.
   §  13.  Paragraph 12 of subdivision (c) of section 33.13 of the mental
 hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
 read as follows:
   12.  to a director of community services as defined in article nine of
 this chapter or his or her designee, provided that such director or  his
 or  her  designee [(i)] requests such information in the exercise of his
 or her statutory functions, powers and duties pursuant to section  9.37,
 9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter[; or (ii) the disclosure
 of information is required pursuant to section 9.46 of this chapter].
   § 14. One year after the completion of transmission of notification of
 all  individuals pursuant to paragraph (b) of subdivision two of section
 79-o of the civil rights law, as added by section two of this  act,  all
 offices  and agencies in use or possession of reports required under the
 former section 9.46 of the mental  hygiene  law  shall  purge  all  such
 information.
   §  15.  Severability. If any provision of this act, or the application
 thereof to any person or circumstance, shall be adjudged by any court of
 competent jurisdiction to be invalid or unconstitutional, such  judgment
 shall  not affect, impair or invalidate the remainder thereof, but shall
 be confined in its operation to the provision of this  act,  or  in  its
 application  to  the  person  or  circumstance, directly involved in the
 controversy in which such judgment shall have been rendered.
   § 16. This act shall take effect immediately.