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

                                        2882--A

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 21, 2009
                                      ___________

       Introduced  by  M.  of A. KOON, PAULIN, MAYERSOHN, ZEBROWSKI, BOYLAND --
         Multi-Sponsored by -- M. of A. ALFANO, BARRA, BRENNAN, COLTON,  HEAST-
         IE, PERALTA, PERRY, PHEFFER, RAMOS, TOWNS -- read once and referred to
         the  Committee  on  Codes -- reported and referred to the Committee on
         Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
         reprinted as amended and recommitted to said committee

       AN  ACT  to  amend  the executive law, in relation to the compilation of
         firearm and ballistic data

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

    1    Section 1. Subdivision 4 of section 230 of the executive law, as added
    2  by chapter 189 of the laws of 2000, is amended to read as follows:
    3    4. (A) The superintendent of the division of state police shall estab-
    4  lish  and maintain within the division a criminal gun clearinghouse as a
    5  central repository of information regarding all guns seized,  forfeited,
    6  found  or otherwise coming into the possession of any state or local law
    7  enforcement agency which are believed to have been used in  the  commis-
    8  sion  of  a  crime.  The  superintendent of the division of state police
    9  shall adopt and promulgate regulations prescribing reporting  procedures
   10  for such state or local law enforcement agencies, including the form for
   11  reporting  such  information. In addition to any other information which
   12  the superintendent of the division of state police may require, the form
   13  shall require [(a)] (I) the serial number or other identifying  informa-
   14  tion  on the gun, if available and [(b)] (II) a brief description of the
   15  circumstances under which the gun came into the possession  of  the  law
   16  enforcement  agency,  including  the  crime  which  was or may have been
   17  committed with the gun.
   18    (B) ANY EXPENDED PROJECTILE, EXPENDED SHELL  CASING,  OR  GUN  SEIZED,
   19  FOUND,  OR  OTHERWISE  COMING  INTO POSSESSION OF ANY STATE OR LOCAL LAW
   20  ENFORCEMENT AGENCY, WHICH IS BELIEVED TO HAVE BEEN USED IN  THE  COMMIS-
   21  SION  OF  A  CRIME,  SHALL BE SUBMITTED TO THE DIVISION OF STATE POLICE,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       A                                                          LBD02284-02-9
       A. 2882--A                          2

    1  WHICH SHALL CAUSE TO BE ENTERED IN  THE  AUTOMATED  ELECTRONIC  DATABANK
    2  (ESTABLISHED  PURSUANT TO SUBDIVISION SIX OF SECTION THREE HUNDRED NINE-
    3  TY-SIX-FF OF THE GENERAL BUSINESS LAW) PERTINENT DATA AND OTHER  BALLIS-
    4  TIC  INFORMATION  RELEVANT TO IDENTIFICATION OF THE EXPENDED PROJECTILE,
    5  EXPENDED SHELL CASING, OR GUN.  THE LAW ENFORCEMENT AGENCY SHALL  RECORD
    6  A  BRIEF  DESCRIPTION  OF  THE CIRCUMSTANCES UNDER WHICH THE PROJECTILE,
    7  SHELL CASING, OR GUN CAME INTO ITS POSSESSION, INCLUDING ANY CRIME WHICH
    8  WAS OR MAY HAVE BEEN COMMITTED WITH THE  PROJECTILE,  SHELL  CASING,  OR
    9  GUN.
   10    (C)  MATERIALS  REQUIRED  TO BE SUBMITTED PURSUANT TO THIS SUBDIVISION
   11  SHALL BE SUBMITTED WITHIN THIRTY DAYS OF COMING INTO THE POSSESSION OF A
   12  STATE OR LOCAL LAW ENFORCEMENT AGENCY. SUCH MATERIALS SHALL BE TESTED OR
   13  EXAMINED AS REQUIRED BY THIS SUBDIVISION WITHIN  THIRTY  DAYS  OF  THEIR
   14  RECEIPT BY THE LABORATORY.
   15    S 2. This act shall take effect on the one hundred twentieth day after
   16  it  shall  have  become a law; provided that the superintendent of state
   17  police is authorized and directed to immediately promulgate any and  all
   18  rules and regulations and take any other measures necessary to implement
   19  this act on its effective date.