Bill Text: NY S04536 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the Gun Trafficking Prevention Act; creates offenses of illegal gun trafficking, criminal possession of a weapon by a minor, criminal use of a weapon by a minor, and lost or stolen firearm to be reported; also amends penalties and eligibility for tuition awards by students on probation or parole for weapons convictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S04536 Detail]
Download: New_York-2011-S04536-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4536 2011-2012 Regular Sessions I N S E N A T E April 11, 2011 ___________ Introduced by Sen. ESPAILLAT -- 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 the prohibition of illegal gun trafficking, criminal possession of a weapon by a minor and crimi- nal use of a weapon by a minor, failure to report a lost or stolen firearm, and fines for gun trafficking; and to amend the education law, in relation to the eligibility for tuition awards to students on probation or parole for weapons convictions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Gun Trafficking Prevention Act". 3 S 2. The penal law is amended by adding a new section 265.45 to read 4 as follows: 5 S 265.45 ILLEGAL GUN TRAFFICKING. 6 A PERSON IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH PERSON KNOW- 7 INGLY AND INTENTIONALLY DISTRIBUTES, TRANSPORTS, SHIPS, RECEIVES, 8 BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS: 9 1. BEEN USED DURING THE COMMISSION OF A CRIME; 10 2. BEEN STOLEN; 11 3. HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED, OBLIT- 12 ERATED OR ALTERED; OR 13 4. BEEN DEFACED. 14 ILLEGAL GUN TRAFFICKING IS A CLASS B FELONY. 15 S 3. The penal law is amended by adding two new sections 265.18 and 16 265.19 to read as follows: 17 S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR. 18 1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON BY A MINOR 19 WHEN, BEING UNDER EIGHTEEN YEARS OF AGE, HE OR SHE POSSESSES ANY 20 FIREARM, RIFLE OR SHOTGUN. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07361-01-1 S. 4536 2 1 2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO 2 POSSESSES A RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING LICENSE OR 3 PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA- 4 TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE. 5 CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY. 6 S 265.19 CRIMINAL USE OF A WEAPON BY A MINOR. 7 A PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN, BEING 8 UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A 9 FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME. 10 CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY. 11 S 4. Subdivisions 4 and 5 of section 60.05 of the penal law, subdivi- 12 sion 4 as amended by chapter 738 of the laws of 2004, subdivision 5 as 13 amended by chapter 405 of the laws of 2010, are amended to read as 14 follows: 15 4. Certain class C felonies. Except as provided in subdivision six, 16 every person convicted of a class C violent felony offense as defined in 17 subdivision one of section 70.02 of this title, must be sentenced to 18 imprisonment in accordance with section 70.02 of this title; and, except 19 as provided in subdivision six of this section, every person convicted 20 of the class C felonies of: attempt to commit any of the class B felo- 21 nies of bribery in the first degree as defined in section 200.04, bribe 22 receiving in the first degree as defined in section 200.12, conspiracy 23 in the second degree as defined in section 105.15 and criminal mischief 24 in the first degree as defined in section 145.12; criminal usury in the 25 first degree as defined in section 190.42, rewarding official misconduct 26 in the first degree as defined in section 200.22, receiving reward for 27 official misconduct in the first degree as defined in section 200.27, 28 attempt to promote prostitution in the first degree as defined in ARTI- 29 CLE ONE HUNDRED TEN AND section 230.32, promoting prostitution in the 30 second degree as defined in section 230.30, CRIMINAL USE OF A WEAPON BY 31 A MINOR AS DEFINED IN SECTION 265.19, arson in the third degree as 32 defined in section 150.10 of this chapter, must be sentenced to impri- 33 sonment in accordance with section 70.00 of this title. 34 5. Certain class D felonies. Except as provided in subdivision six of 35 this section, every person convicted of the class D felonies of assault 36 in the second degree as defined in section 120.05, strangulation in the 37 second degree as defined in section 121.12, CRIMINAL POSSESSION OF A 38 WEAPON BY A MINOR AS DEFINED IN SECTION 265.18 or attempt to commit a 39 class C felony as defined in section 230.30 of this chapter, must be 40 sentenced in accordance with section 70.00 or 85.00 of this title. 41 S 5. The penal law is amended by adding a new section 265.27 to read 42 as follows: 43 S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED. 44 AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST 45 OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE 46 WHERE SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF SUCH 47 LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT. 48 AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR. 49 S 6. Paragraph d of subdivision 6 of section 661 of the education law, 50 as added by chapter 83 of the laws of 1995, is amended to read as 51 follows: 52 d. No student who is incarcerated in any federal, state or other penal 53 institution shall be eligible for any general or academic performance 54 award made pursuant to this article. NO STUDENT WHO HAS BEEN CONVICTED 55 OF ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY ON 56 PROBATION OR PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO APPLY FOR S. 4536 3 1 OR RECEIVE ANY GENERAL OR ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO 2 THIS ARTICLE UNTIL SUCH STUDENT IS SUCCESSFULLY DISCHARGED FROM 3 PROBATION OR PAROLE WHEREUPON SUCH STUDENT SHALL BE ELIGIBLE TO APPLY 4 FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER. 5 S 7. Paragraph c of subdivision 1 of section 80.00 of the penal law, 6 as amended by chapter 338 of the laws of 1989, is amended to read as 7 follows: 8 c. if the conviction is for any felony defined in article two hundred 9 twenty [or], two hundred twenty-one OR SECTION 265.45 of this chapter, 10 according to the following schedule: 11 (i) for A-I felonies, one hundred thousand dollars; 12 (ii) for A-II felonies, fifty thousand dollars; 13 (iii) for B felonies, thirty thousand dollars; 14 (iv) for C felonies, fifteen thousand dollars. 15 When imposing a fine pursuant to the provisions of this paragraph, the 16 court shall consider the profit gained by defendant's conduct, whether 17 the amount of the fine is disproportionate to the conduct in which 18 defendant engaged, its impact on any victims, and defendant's economic 19 circumstances, including the defendant's ability to pay, the effect of 20 the fine upon his or her immediate family or any other persons to whom 21 the defendant owes an obligation of support. 22 S 8. This act shall take effect immediately, provided that: 23 a. sections two, three and five of this act shall take effect on the 24 first of November next succeeding the date on which it shall have become 25 a law; 26 b. sections four and seven of this act shall take effect on the one 27 hundred twentieth day after it shall have become a law; and 28 c. section six of this act shall apply to tuition awards for the 29 2011-2012 academic year and all subsequent academic years.