NY State Senate Bill S4202

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 06, 2019	signed chap.146
Aug 05, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.79 substituted for a4816
Jun 18, 2019	referred to codes delivered to assembly passed senate
May 22, 2019	advanced to third reading
May 21, 2019	2nd report cal.
May 20, 2019	1st report cal.810
Mar 04, 2019	referred to codes

Votes

view votes

Jun 18, 2019 - floor Vote

S4202

floor

Aye

Nay

Absent

Excused

Abstained

May 20, 2019 - Codes committee Vote

S4202

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S4202 (ACTIVE) - Details

See Assembly Version of this Bill:: A4816
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10036
2011-2012: A3622
2013-2014: S4784, A2092
2015-2016: S3455, A4697
2017-2018: S8475, A3729

S4202 (ACTIVE) - Summary

Prohibits the manufacture, transport, shipment or possession of an undetectable knife.

S4202 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4202

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the penal law, in relation to prohib-
iting the manufacture, transport or shipment of undetectable knives and
prohibiting the possession of such knives

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the manufacture, transportation, shipment and possession of
an undetectable knife as defined.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 265.00 of the penal law to add a new subdivision 5-d
"Undetectable knife" which is defined as a knife or other instrument
that does not utilize materials that are detectable by a metal detector
or magnetometer at standard calibrations. Additionally it further
defines that the "undetectable knife" is capable of ready use as a stab-
bing or cutting weapon and was commercially manufactured as a weapon

Section 2 amends § 265.01 subdivision (2) of the penal law to read that
any person who possesses an undetectable knife with the intent to use
unlawfully against another will be charged with a class A misdemeanor.

Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law,
making the manufacture, transportation or shipment of an undetectable
knife a class A misdemeanor.

 
JUSTIFICATION:

The original intent for the manufacture and sale of undetectable knives
was based on their advantageous use for the police and military during
covert operations. However, the general public has access to the
purchase of these weapons through online weapons distributors, print
catalogues, and other weapons outlets.

These weapons are strong enough to penetrate steel drums, car doors,
wood planks, etc. without damage to the knife. These weapons are also
serrated and can be sharpened with standard sharpening devices used for
metal knives. It is equally troubling that they are advertised as being
non-magnetic and can escape detection. In one instance, an undetectable
knife was used in a Compton, California courtroom, where a defendant
smuggled a ten-inch non-metallic knife past metal detectors and stabbed
two bailiffs.

These weapons present a severe security risk to any building that
utilizes a metal detector for the prevention of violence or possible
terrorist acts. The proliferation of these knives in our society aide
those who seek to inflict harm in areas where security is closely moni-
tored. We know firsthand how the possession of a seemingly innocuous
tool was used to hijack three planes and take thousands of lives. We
must learn from prior complacency and assume the role of a legislative
body that acts before a scheme targeting innocents materializes into
reality.

Possession of an "undetectable knife" would become a Class A misdemeanor
under section 256.01 of the Penal Law.

Manufacture, transportation or shipping of an "undetectable knife" would
become a Class A misdemeanor under section 256.10 of the Penal Law.

Upon conviction of either offense, a court could sentence an individual
to a maximum of one year in jail or three years probation.  Addi-
tionally, the court may impose a fine up to $1000 or twice the maximum
amount of any gain derived.

Exemption to for military, police and others: This bill would allow
members of the military, police officers and other persons exempted from
the possession, transportation or shipment provisions in § 265.01 and §
265.10 of the penal law, to retain or obtain this weapon for official
use. The statutory authority for this exemption derives from § 265.20 of
the penal law.

This legislation is modeled after a provision in California's "Dangerous
Weapons Control Law.

 
PRIOR LEGISLATIVE HISTORY:

2018 Session - S8475 - referred to Codes, no further action
2015-2016 Session - S.3455 - referred to Codes, no further action
2013-2014 Session - S.4784 - referred to Codes, no further action
Similar to S.6938 of 2010 Session

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on November 1 next succeeding the date on
which it shall have become law.

S4202 (ACTIVE) - Bill Text download pdf


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

                                  4202

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 4, 2019
                               ___________

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 prohibiting  the  manufac-
  ture, transport or shipment of undetectable knives and prohibiting the
  possession of such knives

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

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 5-d to read as follows:
  5-D.  "UNDETECTABLE  KNIFE" MEANS ANY KNIFE OR OTHER INSTRUMENT, WHICH
DOES NOT UTILIZE MATERIALS THAT ARE DETECTABLE BY A  METAL  DETECTOR  OR
MAGNETOMETER  WHEN  SET  AT  A  STANDARD CALIBRATION, THAT IS CAPABLE OF
READY USE AS A STABBING OR CUTTING WEAPON AND WAS COMMERCIALLY  MANUFAC-
TURED TO BE USED AS A WEAPON.
  §  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
chapter 269 of the laws of 2016, is amended to read as follows:
  (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
razor,  stiletto,  imitation  pistol,  UNDETECTABLE  KNIFE  or any other
dangerous or deadly instrument or weapon with intent  to  use  the  same
unlawfully against another; or
  §  3.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
follows:
  1.  Any  person  who  manufactures  or  causes  to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic  knife,  metal  knuckle  knife,  UNDETECTABLE  KNIFE,   billy,
blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
misdemeanor.

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

                                                           LBD03754-01-9

S. 4202                             2

  2. Any person who transports or ships any machine-gun, firearm silenc-
er,  assault  weapon  or  large  capacity  ammunition  feeding device or
disguised gun, or who transports or ships as merchandise  five  or  more
firearms,  is  guilty  of a class D felony. Any person who transports or
ships  as merchandise any firearm, other than an assault weapon, switch-
blade knife, gravity knife, pilum ballistic knife,  UNDETECTABLE  KNIFE,
billy,  blackjack,  bludgeon,  plastic knuckles, metal knuckles, Kung Fu
star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
nor.
  § 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S4202

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

May 20, 2019 - Codes committee Vote

Codes Committee Vote: May 20, 2019

S4202 (ACTIVE) - Details

S4202 (ACTIVE) - Summary

S4202 (ACTIVE) - Sponsor Memo

S4202 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4202

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

May 20, 2019 - Codes committee Vote

Codes Committee Vote: May 20, 2019

S4202 (ACTIVE) - Details

S4202 (ACTIVE) - Summary

S4202 (ACTIVE) - Sponsor Memo

S4202 (ACTIVE) - Bill Text download pdf

Comments