Bill Text: NY A02914 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law, in relation to entering identifying information into the criminal gun clearinghouse
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2010-03-16 - enacting clause stricken [A02914 Detail]
Download: New_York-2009-A02914-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2914 2009-2010 Regular Sessions I N A S S E M B L Y January 21, 2009 ___________ Introduced by M. of A. KOON, BOYLAND, O'DONNELL, DINOWITZ, MILLMAN, ZEBROWSKI, EDDINGTON, COOK -- Multi-Sponsored by -- M. of A. BING, CAHILL, COLTON, DIAZ, GALEF, GOTTFRIED, JOHN, LAVINE, LIFTON, MAYER- SOHN, PHEFFER, ROBINSON, WEISENBERG -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to entering identifying information into the criminal gun clearinghouse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 2, 4 and 5 of section 230 of the executive 2 law, as added by chapter 189 of the laws of 2000, are amended to read as 3 follows: 4 2. The superintendent of the division of state police, in cooperation 5 with the United States department of [treasury] JUSTICE, bureau of alco- 6 hol, tobacco [and], firearms AND EXPLOSIVES and district attorneys in 7 New York state, shall develop and implement a strategy for the interdic- 8 tion of guns illegally entering New York from supplier states. The stra- 9 tegy shall include identifying and prosecuting gun traffickers and 10 suppliers of such guns who may be violating federal, state or local 11 laws, and cooperating with the United States department of [treasury] 12 JUSTICE, bureau of alcohol, tobacco [and], firearms AND EXPLOSIVES and 13 appropriate prosecutorial agencies and law enforcement agencies in 14 supplier states in the investigation and enforcement of such laws. 15 District attorneys are authorized to enter into collaborative agreements 16 with prosecutorial and other governmental agencies and entities in 17 supplier states in an effort to stop the movement of illegal guns into 18 New York. 19 4. (A) The superintendent of the division of state police shall estab- 20 lish and maintain within the division a criminal gun clearinghouse as a 21 central repository of information regarding all guns seized, forfeited, 22 found or otherwise coming into the possession of any state or local law EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02280-01-9 A. 2914 2 1 enforcement agency which are believed to have been used in the commis- 2 sion of a crime. The superintendent of the division of state police 3 shall adopt and promulgate regulations prescribing reporting procedures 4 for such state or local law enforcement agencies, including the form for 5 reporting such information. In addition to any other information which 6 the superintendent of the division of state police may require, the form 7 shall require [(a)](I) the serial number [or], BALLISTIC INFORMATION AND 8 other identifying information on the gun, EXPENDED PROJECTILE OR 9 EXPENDED SHELL CASING, if available and [(b)](II) a brief description of 10 the circumstances under which the gun, EXPENDED PROJECTILE OR EXPENDED 11 SHELL CASING came into the possession of the law enforcement agency, 12 including the crime which was or may have been committed with the gun. 13 (B) ANY GUN, EXPENDED PROJECTILE OR EXPENDED SHELL CASING SEIZED, 14 FOUND, OR OTHERWISE COMING INTO POSSESSION OF ANY STATE OR LOCAL LAW 15 ENFORCEMENT AGENCY SHALL BE SUBMITTED TO THE DIVISION OF STATE POLICE, 16 WHICH SHALL ENTER (I) THE SERIAL NUMBER, BALLISTIC INFORMATION AND IDEN- 17 TIFYING INFORMATION ON THE GUN, EXPENDED PROJECTILE, OR EXPENDED SHELL 18 CASING, IF AVAILABLE; AND (II) A BRIEF DESCRIPTION OF THE CIRCUMSTANCES 19 UNDER WHICH THE GUN, EXPENDED PROJECTILE OR EXPENDED SHELL CASING CAME 20 INTO THE POSSESSION OF THE LAW ENFORCEMENT AGENCY, INTO THE CRIMINAL GUN 21 CLEARINGHOUSE ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION. 22 (C) MATERIALS REQUIRED TO BE SUBMITTED TO THE DIVISION OF STATE POLICE 23 SHALL BE SUBMITTED WITHIN THIRTY DAYS OF COMING INTO THE POSSESSION OF A 24 STATE OR LOCAL LAW ENFORCEMENT AGENCY. SUCH MATERIALS SHALL BE TESTED OR 25 EXAMINED AS REQUIRED BY THIS SUBDIVISION WITHIN THIRTY DAYS OF THEIR 26 RECEIPT BY THE DIVISION. 27 5. In any case where a state or local law enforcement agency investi- 28 gates the commission of a crime in this state and a specific gun is 29 known to have been used in such crime, such agency shall submit a 30 request FOR A TRACE OF SUCH GUN to: 31 (A) the national tracing center of the United States [Department] 32 DEPARTMENT of [Treasury] JUSTICE, bureau of alcohol, tobacco [and], 33 firearms AND EXPLOSIVES to trace the movement of such gun [and such 34 federal agency shall be requested to provide the superintendent of the 35 division of state police and the local law enforcement agency with the 36 results of such a trace], AND 37 (B) THE PISTOL AND REVOLVER BALLISTIC IDENTIFICATION DATABANK ESTAB- 38 LISHED PURSUANT TO SECTION THREE HUNDRED NINETY-SIX-FF OF THE GENERAL 39 BUSINESS LAW. 40 This subdivision shall not apply where the source of a gun is already 41 known to a local law enforcement agency. 42 S 2. This act shall take effect on the ninetieth day after it shall 43 have become a law.