A09042 Summary:

BILL NOA09042A
 
SAME ASSAME AS UNI. S06483-A
 
SPONSORQuart
 
COSPNSRColton, Gottfried, O'Donnell, Miller, Brindisi, Walter, Palmesano, Mosley, Goodell, Schimel
 
MLTSPNSRCook
 
Amd 265.00, Pen L
 
Relates to the definitions of a switchblade knife and a gravity knife; excludes knives which have a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
Go to top    

A09042 Actions:

BILL NOA09042A
 
01/19/2016referred to codes
03/03/2016amend and recommit to codes
03/03/2016print number 9042a
05/17/2016reported
05/19/2016advanced to third reading cal.687
06/02/2016passed assembly
06/02/2016delivered to senate
06/02/2016REFERRED TO CODES
06/15/2016SUBSTITUTED FOR S6483A
06/15/20163RD READING CAL.386
06/15/2016PASSED SENATE
06/15/2016RETURNED TO ASSEMBLY
Go to top

A09042 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9042A
 
SPONSOR: Quart
  TITLE OF BILL: An act to amend the penal law, in relation to the definitions of a switchblade knife and a gravity knife   PURPOSE OR GENERAL IDEA OF BILL: To clarify the definitions of a switchblade knife and a gravity knife   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivisions 4 and 5 of section 265.00 of the penal law to clarify the definitions of a switchblade knife and a gravity knife. Section 2 sets the effective date.   JUSTIFICATION: The current definitions of a switchblade knife and a gravity knife are vague and dependent on an outdated understanding of knives used as weap- ons and knives that are used as tools. The knives that the Legislature intended to outlaw are very specific and very dangerous, but the current definitions are interpreted broadly and applied to many knives which have valuable uses as tools. Between 2003 and 2013, 60,000 New Yorkers were arrested for possession of these knives, making this one of the most-prosecuted crimes in New York City. The vast majority of those arrested had no criminal intent and believed that the common folding knives they carried were legal. These arrests and prosecutions do not contribute to public safety. Clarifying these definitions will prevent these arrests.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
Go to top

A09042 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6483--A                                            A. 9042--A
 
                SENATE - ASSEMBLY
 
                                    January 19, 2016
                                       ___________
 
        IN  SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print-
          ed, and when printed to be committed to  the  Committee  on  Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        IN ASSEMBLY  --  Introduced  by  M.  of  A.  QUART,  COLTON,  GOTTFRIED,
          O'DONNELL,  MILLER -- Multi-Sponsored by -- M. of A. COOK -- read once
          and referred to the Committee on Codes -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the penal law, in  relation  to  the  definitions  of  a
          switchblade knife and a gravity knife
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 4 and 5 of section 265.00 of the penal law are
     2  amended to read as follows:
     3    4. "Switchblade knife" means any knife which has a blade  which  opens
     4  automatically  by  hand  pressure  applied  to a button, spring or other
     5  device in the handle of the knife.  "Switchblade knife" does not include
     6  a knife that has a spring, detent, or other mechanism designed to create
     7  a bias toward closure and that requires exertion applied to the blade by
     8  hand, wrist, or arm to overcome the bias toward  closure  and  open  the
     9  knife.
    10    5. "Gravity knife" means any knife which has a blade which is released
    11  from  the handle or sheath thereof by the force of gravity or the appli-
    12  cation of centrifugal force which, when released, is locked in place  by
    13  means  of a button, spring, lever or other device.  "Gravity knife" does
    14  not include a knife that has  a  spring,  detent,  or  other  mechanism,
    15  including  but not limited to resistance to opening designed to create a
    16  bias toward closure and that requires exertion applied to the  blade  by
    17  hand,  wrist,  or  arm  to overcome the bias toward closure and open the
    18  knife.
    19    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11809-03-6
Go to top