Bill Text: NY S06230 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the manufacture, assembly, possession, license and disposal of ghost guns, the establishment of the offense of unlawful dissemination of instructions for the assembly of a weapon and the sentencing for certain offenses regarding ghost guns; relates to the suspension and revocation of certain licenses or registrations; adds the offense of unlawful dissemination of instructions for the assembly of a weapon to the list of designated offenses for the purpose of obtaining eavesdropping and video surveillance warrants; and includes the offense of unlawful dissemination of instructions for the assembly of a weapon in the definition of violent or serious crime.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-24 - REFERRED TO CODES [S06230 Detail]

Download: New_York-2019-S06230-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6230                                                  A. 7847

                               2019-2020 Regular Sessions

                SENATE - ASSEMBLY

                                      May 24, 2019
                                       ___________

        IN SENATE -- Introduced by Sen. HOYLMAN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Codes

        IN  ASSEMBLY  --  Introduced  by  M.  of  A.  O'DONNELL -- read once and
          referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to the manufacture, assembly,
          possession, license and disposal of ghost guns, the  establishment  of
          the offense of unlawful dissemination of instructions for the assembly
          of  a  weapon  and the sentencing for certain offenses regarding ghost
          guns; to amend the general business law, in relation to the suspension
          and revocation of certain licenses  or  registrations;  to  amend  the
          criminal  procedure law, in relation to adding the offense of unlawful
          dissemination of instructions for the assembly of a weapon to the list
          of designated offenses for the purpose of obtaining eavesdropping  and
          video  surveillance  warrants; and to amend the administrative code of
          the city of New York, in relation to including the offense of unlawful
          dissemination of instructions for the assembly  of  a  weapon  in  the
          definition of violent or serious crime

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 265.00 of the penal law is amended by  adding  four
     2  new subdivisions 26, 27, 28 and 29 to read as follows:
     3    26.  "Major component" means, in the case of a firearm, rifle or shot-
     4  gun the slide or cylinder, or the frame or receiver, and, in the case of
     5  a shotgun, the barrel.
     6    27. "Additive manufacturing" means a manufacturing  process  in  which
     7  material  is  added  in  order to produce the product, including but not
     8  limited to three-dimensional printing in which layers  of  material  are
     9  laid down in succession.
    10    28.  "Unfinished firearm frame or receiver" means a piece of any mate-
    11  rial that does not constitute the frame or receiver of a firearm,  rifle

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07305-03-9

        S. 6230                             2                            A. 7847

     1  or shotgun but that has been shaped or formed in any way for the purpose
     2  of  becoming  the  frame or receiver of a firearm, rifle or shotgun. The
     3  term shall not include a piece of material that  has  had  its  size  or
     4  external  shape  altered  to facilitate transportation or storage or has
     5  had its chemical composition altered.
     6    29. "Ghost gun" means a firearm, rifle or shotgun that is:
     7    (a) manufactured using additive manufacturing; or
     8    (b) assembled from a frame or receiver that was marketed  and/or  sold
     9  (either  separately  or as part of a kit) as an unfinished firearm frame
    10  or receiver that the recipient could use to assemble a firearm, rifle or
    11  shotgun.
    12    § 2. Subdivision 10 of section 265.02 of the penal law,  as  added  by
    13  chapter  1  of  the laws of 2013, is amended and two new subdivisions 11
    14  and 12 are added to read as follows:
    15    (10) Such person possesses an unloaded firearm and  also  commits  any
    16  violent felony offense as defined in subdivision one of section 70.02 of
    17  this chapter as part of the same criminal transaction[.]; or
    18    (11)  Such  person, if not a gunsmith or dealer duly licensed pursuant
    19  to section 400.00 of this chapter, possesses a ghost gun  that  has  not
    20  been  registered  with  a  licensing officer and engraved or permanently
    21  affixed with a serial number as provided in subdivision ten  of  section
    22  265.10 of this article; or
    23    (12) Such person possesses a firearm, rifle or shotgun manufactured or
    24  assembled  as  a  ghost  gun that does not comply with the provisions of
    25  subdivision nine of section 265.10 of this article.
    26    § 3. Section 265.10 of the penal law is amended by  adding  three  new
    27  subdivisions 8, 9 and 10 to read as follows:
    28    8. Any person, other than a gunsmith duly licensed pursuant to section
    29  400.00  of  this  chapter,  who assembles, manufactures, or causes to be
    30  assembled or manufactured, a firearm, rifle or shotgun is  guilty  of  a
    31  class C felony.
    32    9.  For  all firearms, rifles and shotguns manufactured, assembled, or
    33  caused to be manufactured or assembled, sold, exchanged, disposed of  or
    34  possessed:    (a)  each  major  component  must be detectable by a metal
    35  detector calibrated to detect 3.7  ounces  of  type  17-4  PH  stainless
    36  steel;  and  (b)  each  major  component,  if  subject  to  the types of
    37  detection devices commonly used at airports for security screening, must
    38  generate an image that adequately depicts the shape  of  the  component.
    39  Any  gunsmith  who fails to comply with this subdivision shall be guilty
    40  of a class C felony.
    41    10. All ghost guns manufactured, assembled, or caused to  be  manufac-
    42  tured  or assembled by a gunsmith shall be registered with the licensing
    43  officer in the city or  county  where  the  gunsmith  is  located.  Such
    44  licensing  officer,  in  consultation with the division of state police,
    45  shall issue a unique serial number for each firearm, rifle or shotgun so
    46  registered. For each such ghost gun, records reflecting the identity  of
    47  the  manufacturing  or  assembling gunsmith and the serial number of the
    48  ghost gun shall be included in the statewide license and record database
    49  established pursuant to section 400.02 of this chapter. The  manufactur-
    50  ing or assembling gunsmith shall engrave or permanently affix the serial
    51  number  to  the  firearm,  rifle  or  shotgun  in a manner that meets or
    52  exceeds the requirements imposed  on  licensed  importers  and  licensed
    53  manufacturers  of  shotguns pursuant to subsection (i) of Section 923 of
    54  Title 18 of the United States Code and regulations issued pursuant ther-
    55  eto. Any gunsmith who fails to comply with  this  subdivision  shall  be
    56  guilty of a class C felony.

        S. 6230                             3                            A. 7847

     1    § 4. Section 265.11 of the penal law, as amended by chapter 764 of the
     2  laws of 2005, is amended to read as follows:
     3  § 265.11 Criminal sale of a firearm in the third degree.
     4    A  person  is guilty of criminal sale of a firearm in the third degree
     5  when:
     6    (1) such person is not authorized pursuant to law to possess a firearm
     7  and such person unlawfully either:
     8    [(1)] (a) sells, exchanges, gives or disposes of a  firearm  or  large
     9  capacity ammunition feeding device to another person; or
    10    [(2)] (b) possesses a firearm with the intent to sell it[.];
    11    (2)  such person is not a gunsmith or dealer duly licensed pursuant to
    12  section 400.00 of this chapter and such person sells,  exchanges,  gives
    13  or  disposes of a firearm, rifle or shotgun manufactured or assembled as
    14  a ghost gun, unless such sale, exchange, gift or disposal is in  compli-
    15  ance  with  all requirements under state and federal law relating to the
    16  sale, exchange, gift or disposal of firearms, rifles and shotguns and:
    17    (a) the recipient holds a federal firearms license issued pursuant  to
    18  Section 923 of Title 18 of the United States Code;
    19    (b)  the recipient is a peace officer, as described in section 2.10 of
    20  the criminal procedure law;
    21    (c) the recipient is a federal law enforcement officer,  as  described
    22  in section 2.15 of the criminal procedure law; or
    23    (d)  the  sale,  exchange,  gift, or disposal is between members of an
    24  immediate family, as defined in section eight  hundred  ninety-eight  of
    25  the general business law; or
    26    (3)  such  person sells, exchanges, gives or disposes of an unfinished
    27  firearm frame or receiver, unless:
    28    (a) the recipient is a gunsmith  duly  licensed  pursuant  to  section
    29  400.00 of this chapter;
    30    (b)  the recipient is a peace officer, as described in section 2.10 of
    31  the criminal procedure law; or
    32    (c) the recipient is a federal law enforcement officer,  as  described
    33  in section 2.15 of the criminal procedure law.
    34    Criminal sale of a firearm in the third degree is a class D felony.
    35    § 5. Section 265.12 of the penal law, as amended by chapter 764 of the
    36  laws of 2005, is amended to read as follows:
    37  § 265.12 Criminal sale of a firearm in the second degree.
    38    A  person is guilty of criminal sale of a firearm in the second degree
    39  when such person:
    40    (1) unlawfully sells, exchanges, gives or disposes of to another  five
    41  or more firearms; [or]
    42    (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
    43  person or persons a total of five or more firearms in a  period  of  not
    44  more than one year[.];
    45    (3)  being  a  gunsmith  or  dealer  duly licensed pursuant to section
    46  400.00 of this chapter, sells, exchanges, gives or disposes of  a  ghost
    47  gun  that  has not been registered with a licensing officer and engraved
    48  or permanently affixed with a serial number as provided  in  subdivision
    49  ten of section 265.10 of this article; or
    50    (4)  being  a  gunsmith  or  dealer  duly licensed pursuant to section
    51  400.00 of this  chapter,  sells,  exchanges,  gives  or  disposes  of  a
    52  firearm,  rifle or shotgun manufactured or assembled as a ghost gun that
    53  does not comply with the  provisions  of  subdivision  nine  or  ten  of
    54  section 265.10 of this article.
    55    Criminal sale of a firearm in the second degree is a class C felony.

        S. 6230                             4                            A. 7847

     1    §  6.  The penal law is amended by adding a new section 265.38 to read
     2  as follows:
     3  § 265.38 Unlawful  dissemination  of  instructions for the assembly of a
     4             weapon.
     5    It shall be unlawful for any person to intentionally publish, over the
     6  internet or by means of the world wide web, digital instructions in  the
     7  form of computer aided design files or other code that can automatically
     8  program  a  three-dimensional  printer  or  similar  device to produce a
     9  firearm, rifle or shotgun.
    10    Unlawful dissemination of instructions for the assembly of a weapon is
    11  a class D felony.
    12    § 7. Paragraph (c) of subdivision 1, paragraph  (b)  and  the  opening
    13  paragraph  of  paragraph  (c)  of  subdivision 2 of section 70.02 of the
    14  penal law, paragraph (c) of subdivision 1 as amended by chapter  368  of
    15  the  laws  of 2015, paragraph (b) of subdivision 2 as amended by section
    16  122 of subpart B of part C of chapter 62 of the laws of  2011,  and  the
    17  opening  paragraph of paragraph (c) of subdivision 2 as amended by chap-
    18  ter 1 of the laws of 2013, are amended to read as follows:
    19    (c) Class D violent felony offenses: an attempt to commit any  of  the
    20  class C felonies set forth in paragraph (b); reckless assault of a child
    21  as defined in section 120.02, assault in the second degree as defined in
    22  section 120.05, menacing a police officer or peace officer as defined in
    23  section  120.18, stalking in the first degree, as defined in subdivision
    24  one of section 120.60, strangulation in the second degree as defined  in
    25  section  121.12, rape in the second degree as defined in section 130.30,
    26  criminal sexual act in the second degree as defined in  section  130.45,
    27  sexual abuse in the first degree as defined in section 130.65, course of
    28  sexual  conduct  against  a  child  in  the  second degree as defined in
    29  section 130.80, aggravated sexual abuse in the third degree  as  defined
    30  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    31  substance as defined in section 130.90, labor trafficking as defined  in
    32  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    33  possession of a weapon in the third degree  as  defined  in  subdivision
    34  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    35  a  firearm  in  the  third degree as defined in section 265.11, unlawful
    36  dissemination of instructions for the assembly of a weapon as defined in
    37  section 265.38, intimidating a victim or witness in the second degree as
    38  defined in section 215.16, soliciting or providing support for an act of
    39  terrorism in the second degree as defined in section 490.10, and  making
    40  a  terroristic threat as defined in section 490.20, falsely reporting an
    41  incident in the first degree as defined in  section  240.60,  placing  a
    42  false  bomb  or  hazardous  substance  in the first degree as defined in
    43  section 240.62, placing a false bomb or hazardous substance in a  sports
    44  stadium or arena, mass transportation facility or enclosed shopping mall
    45  as  defined  in section 240.63, and aggravated unpermitted use of indoor
    46  pyrotechnics in the first degree as defined in section 405.18.
    47    (b) Except as provided in paragraph (b-1) of this subdivision,  subdi-
    48  vision  six  of  section 60.05 and subdivision four of this section, the
    49  sentence imposed upon a person who stands convicted of a class D violent
    50  felony offense, other than the offense of criminal possession of a weap-
    51  on in the third degree as defined in subdivision five, seven or eight of
    52  section 265.02 [or], criminal sale of a firearm in the third  degree  as
    53  defined  in section 265.11 or unlawful dissemination of instructions for
    54  the assembly of a weapon as  defined  in  section  265.38,  must  be  in
    55  accordance  with  the  applicable provisions of this chapter relating to
    56  sentencing for class D felonies provided, however, that where a sentence

        S. 6230                             5                            A. 7847

     1  of imprisonment is imposed which requires  a  commitment  to  the  state
     2  department of corrections and community supervision, such sentence shall
     3  be  a  determinate sentence in accordance with paragraph (c) of subdivi-
     4  sion three of this section.
     5    Except  as  provided in subdivision six of section 60.05, the sentence
     6  imposed upon a person who stands convicted of the class D violent felony
     7  offenses of criminal possession of a  weapon  in  the  third  degree  as
     8  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
     9  criminal sale of a firearm in the third degree  as  defined  in  section
    10  265.11,  unlawful  dissemination  of  instructions for the assembly of a
    11  weapon as defined in section 265.38 or the class E violent  felonies  of
    12  attempted criminal possession of a weapon in the third degree as defined
    13  in  subdivision  five,  seven, eight or nine of section 265.02 must be a
    14  sentence to a determinate period of imprisonment, or,  in  the  alterna-
    15  tive,  a  definite sentence of imprisonment for a period of no less than
    16  one year, except that:
    17    § 8. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    18  law,  as  amended by chapter 189 of the laws of 2018, is amended to read
    19  as follows:
    20    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    21  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    22  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    23  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    24  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    25  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    26  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
    27  145.12 relating to criminal mischief; article one hundred fifty relating
    28  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
    29  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
    30  care fraud; article one hundred  sixty  relating  to  robbery;  sections
    31  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
    32  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    33  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    34  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    35  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    36  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    37  to criminal diversion of  prescription  medications  and  prescriptions;
    38  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    39  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    40  215.00, 215.05 and 215.19  relating to bribery; sections 187.10, 187.15,
    41  187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
    42  190.40 and 190.42 relating to criminal usury; section 190.65 relating to
    43  schemes  to  defraud; any felony defined in article four hundred ninety-
    44  six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
    45  sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
    46  section 215.40 relating to tampering with  physical  evidence;  sections
    47  220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
    48  220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
    49  substances; sections 225.10 and 225.20 relating  to  gambling;  sections
    50  230.25,  230.30,  and 230.32 relating to promoting prostitution; section
    51  230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
    52  trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
    53  relating to obscenity; sections 263.10 and 263.15 relating to  promoting
    54  a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
    55  265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
    56  constitute  a  felony  relating to firearms and other dangerous weapons;

        S. 6230                             6                            A. 7847

     1  sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
     2  section  265.38  relating  to unlawful dissemination of instructions for
     3  the assembly of a weapon; section  275.10,  275.20,  275.30,  or  275.40
     4  relating to unauthorized recordings; and sections 470.05, 470.10, 470.15
     5  and 470.20 relating to money laundering; or
     6    §  9. Paragraph f of subdivision 1 of section 410 of the general busi-
     7  ness law, as amended by chapter 189 of the laws of 2018, is  amended  to
     8  read as follows:
     9    f.  Conviction  of any of the following crimes subsequent to the issu-
    10  ance of a license or registration pursuant to this article: fraud pursu-
    11  ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
    12  190.65;  falsifying  business  records pursuant to section 175.10; grand
    13  larceny pursuant to article [155] one hundred fifty-five; bribery pursu-
    14  ant to sections 180.03, 180.08, 180.15, 180.25, 200.00, 200.03,  200.04,
    15  200.10,  200.11,  200.12,  200.45,  200.50; perjury pursuant to sections
    16  210.10, 210.15, 210.40; assault pursuant  to  sections  120.05,  120.10,
    17  120.11,  120.12;  robbery  pursuant  to article [160] one hundred sixty;
    18  homicide pursuant to sections 125.25 and 125.27;  manslaughter  pursuant
    19  to  sections  125.15  and  125.20;  kidnapping and unlawful imprisonment
    20  pursuant  to  sections  135.10,  135.20  and  135.25;  unlawful  weapons
    21  possession  pursuant to sections 265.02, 265.03 and 265.04; criminal use
    22  of a weapon pursuant to sections 265.08 and 265.09; criminal sale  of  a
    23  weapon pursuant to sections 265.11 and 265.12; unlawful dissemination of
    24  instructions  for the assembly of a weapon as defined in section 265.38;
    25  compelling prostitution pursuant  to  section  230.33;  sex  trafficking
    26  pursuant  to  section  230.34;  sex  trafficking  of a child pursuant to
    27  section 230.34-a; and sex offenses pursuant to article [130] one hundred
    28  thirty of the penal law. Provided, however, that  for  the  purposes  of
    29  this  article,  none  of  the  following  shall  be  considered criminal
    30  convictions or reported as such: (i) a conviction for which an executive
    31  pardon has been issued pursuant to the executive law; (ii) a  conviction
    32  which  has  been  vacated  and  replaced  by a youthful offender finding
    33  pursuant to article seven hundred twenty of the criminal procedure  law,
    34  or  the applicable provisions of law of any other jurisdiction; or (iii)
    35  a conviction the records of which have been expunged or sealed  pursuant
    36  to  the  applicable provisions of the laws of this state or of any other
    37  jurisdiction; and (iv) a conviction for which other evidence of success-
    38  ful rehabilitation to remove the disability has been issued.
    39    § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    40  procedure law, as amended by chapter 1 of the laws of 2019,  is  amended
    41  to read as follows:
    42    (b)  Any  of  the  following felonies: assault in the second degree as
    43  defined in section 120.05 of the penal law, assault in the first  degree
    44  as  defined in section 120.10 of the penal law, reckless endangerment in
    45  the first degree as defined in section 120.25 of the penal law,  promot-
    46  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    47  strangulation in the second degree as defined in section 121.12  of  the
    48  penal  law,  strangulation  in  the  first  degree as defined in section
    49  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    50  section  125.10  of  the penal law, manslaughter in the second degree as
    51  defined in section 125.15 of the penal law, manslaughter  in  the  first
    52  degree  as  defined  in  section  125.20 of the penal law, murder in the
    53  second degree as defined in section 125.25 of the penal law,  murder  in
    54  the  first degree as defined in section 125.27 of the penal law, rape in
    55  the third degree as defined in section 130.25 of the penal law, rape  in
    56  the second degree as defined in section 130.30 of the penal law, rape in

        S. 6230                             7                            A. 7847

     1  the first degree as defined in section 130.35 of the penal law, criminal
     2  sexual act in the third degree as defined in section 130.40 of the penal
     3  law,  criminal  sexual  act  in  the second degree as defined in section
     4  130.45  of  the  penal  law,  criminal sexual act in the first degree as
     5  defined in section 130.50 of the penal law, sexual abuse  in  the  first
     6  degree as defined in section 130.65 of the penal law, unlawful imprison-
     7  ment  in the first degree as defined in section 135.10 of the penal law,
     8  kidnapping in the second degree as defined  in  section  135.20  of  the
     9  penal  law,  kidnapping in the first degree as defined in section 135.25
    10  of the penal law, labor trafficking as defined in section 135.35 of  the
    11  penal  law, aggravated labor trafficking as defined in section 135.37 of
    12  the penal law, custodial interference in the first degree as defined  in
    13  section 135.50 of the penal law, coercion in the first degree as defined
    14  in  section  135.65  of  the  penal  law, criminal trespass in the first
    15  degree as defined in section 140.17 of the penal law,  burglary  in  the
    16  third  degree as defined in section 140.20 of the penal law, burglary in
    17  the second degree as  defined  in  section  140.25  of  the  penal  law,
    18  burglary  in  the first degree as defined in section 140.30 of the penal
    19  law, criminal mischief in the third degree as defined in section  145.05
    20  of  the  penal law, criminal mischief in the second degree as defined in
    21  section 145.10 of the penal law, criminal mischief in the  first  degree
    22  as defined in section 145.12 of the penal law, criminal tampering in the
    23  first degree as defined in section 145.20 of the penal law, arson in the
    24  fourth  degree  as  defined in section 150.05 of the penal law, arson in
    25  the third degree as defined in section 150.10 of the penal law, arson in
    26  the second degree as defined in section 150.15 of the penal  law,  arson
    27  in the first degree as defined in section 150.20 of the penal law, grand
    28  larceny  in  the fourth degree as defined in section 155.30 of the penal
    29  law, grand larceny in the third degree as defined in section  155.35  of
    30  the  penal law, grand larceny in the second degree as defined in section
    31  155.40 of the penal law, grand larceny in the first degree as defined in
    32  section 155.42 of the penal law, health care fraud in the fourth  degree
    33  as  defined in section 177.10 of the penal law, health care fraud in the
    34  third degree as defined in section 177.15 of the penal law, health  care
    35  fraud  in  the  second  degree as defined in section 177.20 of the penal
    36  law, health care fraud in the first degree as defined in section  177.25
    37  of  the  penal  law,  robbery  in the third degree as defined in section
    38  160.05 of the penal law, robbery in the  second  degree  as  defined  in
    39  section  160.10 of the penal law, robbery in the first degree as defined
    40  in section 160.15 of the penal law, unlawful use  of  secret  scientific
    41  material  as  defined  in  section  165.07  of  the  penal law, criminal
    42  possession of stolen property in the fourth degree as defined in section
    43  165.45 of the penal law, criminal possession of stolen property  in  the
    44  third  degree  as  defined  in section 165.50 of the penal law, criminal
    45  possession of stolen property in the second degree as defined by section
    46  165.52 of the penal law, criminal possession of stolen property  in  the
    47  first  degree  as  defined by section 165.54 of the penal law, trademark
    48  counterfeiting in the second degree as defined in section 165.72 of  the
    49  penal  law,  trademark  counterfeiting in the first degree as defined in
    50  section 165.73 of the penal law, forgery in the second degree as defined
    51  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    52  defined  in  section  170.15  of the penal law, criminal possession of a
    53  forged instrument in the second degree as defined in section  170.25  of
    54  the  penal  law, criminal possession of a forged instrument in the first
    55  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    56  possession  of forgery devices as defined in section 170.40 of the penal

        S. 6230                             8                            A. 7847

     1  law, falsifying business records in  the  first  degree  as  defined  in
     2  section  175.10  of  the penal law, tampering with public records in the
     3  first degree as defined in section 175.25 of the penal law,  offering  a
     4  false  instrument  for  filing in the first degree as defined in section
     5  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
     6  section  175.40  of  the  penal  law, criminal diversion of prescription
     7  medications and prescriptions in the second degree as defined in section
     8  178.20 of the penal law, criminal diversion of prescription  medications
     9  and  prescriptions  in  the first degree as defined in section 178.25 of
    10  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
    11  defined  in  section 187.10 of the penal law, residential mortgage fraud
    12  in the third degree as defined in section 187.15 of the penal law, resi-
    13  dential mortgage fraud in the second degree as defined in section 187.20
    14  of the penal law, residential mortgage fraud  in  the  first  degree  as
    15  defined  in section 187.25 of the penal law, escape in the second degree
    16  as defined in section 205.10 of the  penal  law,  escape  in  the  first
    17  degree  as  defined  in section 205.15 of the penal law, absconding from
    18  temporary release in the first degree as defined in  section  205.17  of
    19  the  penal  law,  promoting  prison  contraband  in  the first degree as
    20  defined in section 205.25 of the penal law, hindering prosecution in the
    21  second degree as defined in section 205.60 of the penal  law,  hindering
    22  prosecution  in  the  first  degree  as defined in section 205.65 of the
    23  penal law, sex trafficking as defined in section  230.34  of  the  penal
    24  law,  sex  trafficking  of a child as defined in section 230.34-a of the
    25  penal law, criminal possession of  a  weapon  in  the  third  degree  as
    26  defined  in  subdivisions  two,  three and five of section 265.02 of the
    27  penal law, criminal possession of a  weapon  in  the  second  degree  as
    28  defined  in  section  265.03  of the penal law, criminal possession of a
    29  weapon in the first degree as defined in section  265.04  of  the  penal
    30  law,  manufacture,  transport, disposition and defacement of weapons and
    31  dangerous instruments and appliances defined as felonies in subdivisions
    32  one, two, and three of section 265.10 of the penal law, sections 265.11,
    33  265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
    34  defined  in subdivision two of section 265.35 of the penal law, relating
    35  to firearms and  other  dangerous  weapons,  unlawful  dissemination  of
    36  instructions  for  the assembly of a weapon as defined in section 265.38
    37  of the penal law, or failure to disclose the origin of  a  recording  in
    38  the first degree as defined in section 275.40 of the penal law;
    39    §  11. Subparagraph i of paragraph 7 of subdivision a of section 9-131
    40  of the administrative code of the city of New York, as amended by  chap-
    41  ter 189 of the laws of 2018, is amended to read as follows:
    42    i. a felony defined in any of the following sections of the penal law:
    43  120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
    44  120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
    45  120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
    46  125.15,  125.20,  125.21,  125.22,  125.25,  125.26,  125.27,   [125.40,
    47  125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
    48  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    49  130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
    50  140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
    51  160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
    52  215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
    53  220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
    54  230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
    55  240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,
    56  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,

        S. 6230                             9                            A. 7847

     1  265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
     2  265.11, 265.12,  265.13,  265.14,  265.16,  265.17,  265.19,  265.35(2),
     3  265.38,  270.30,  270.35,  405.16(1),  405.18,  460.22,  470.21, 470.22,
     4  470.23,  470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,
     5  490.40, 490.45, 490.47, 490.50, or 490.55;
     6    § 12. Subparagraph i of paragraph 6 of subdivision a of section 14-154
     7  of the administrative code of the city of New York, as amended by  chap-
     8  ter 189 of the laws of 2018, is amended to read as follows:
     9    i. a felony defined in any of the following sections of the penal law:
    10  120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
    11  120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
    12  120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
    13  125.15,  125.20,  125.21,  125.22,  125.25,  125.26,  125.27,   [125.40,
    14  125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
    15  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    16  130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
    17  140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
    18  160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
    19  215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
    20  220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
    21  230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
    22  240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,
    23  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
    24  265.01-b, 265.02  (2)  through  (8),  265.03,  265.04,  265.08,  265.09,
    25  265.10,   265.11,   265.12,  265.13,  265.14,  265.16,  265.17,  265.19,
    26  265.35(2), 265.38, 270.30, 270.35, 405.16(l),  405.18,  460.22,  470.21,
    27  470.22,  470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,
    28  490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
    29    § 13. This act shall  take  effect  on  the  first  of  November  next
    30  succeeding  the  date  upon  which it shall have become a law. Effective
    31  immediately, the addition, amendment and/or repeal of any rule or  regu-
    32  lation  necessary  for  the  implementation of this act on its effective
    33  date are authorized to be made and completed on or before such effective
    34  date.
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