Add SS265.45, 265.18, 265.18-a & 265.27, amd SS60.05 & 80.00, Pen L; amd S661, Ed L
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.
STATE OF NEW YORK
________________________________________________________________________
1810--A
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 § 2. The penal law is amended by adding a new section 265.50 to read
4 as follows:
5 § 265.50 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 § 3. The penal law is amended by adding two new sections 265.18 and
16 265.18-a to read as follows:
17 § 265.18 Criminal possession of a weapon by a minor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02242-02-3
S. 1810--A 2
1 1. A person is guilty of criminal possession of a weapon by a minor
2 when, being under eighteen years of age, he or she possesses any
3 firearm, rifle or shotgun.
4 2. The provisions of this section shall not apply to any person who
5 possesses a rifle or shotgun and is the holder of a hunting license or
6 permit issued pursuant to article eleven of the environmental conserva-
7 tion law and used in accordance with such article.
8 Criminal possession of a weapon by a minor is a class D felony.
9 § 265.18-a Criminal use of a weapon by a minor.
10 A person is guilty of criminal use of a weapon by a minor when, being
11 under eighteen years of age, he or she commits any crime and possesses a
12 firearm, rifle or shotgun while in the course of committing such crime.
13 Criminal use of a weapon by a minor is a class C felony.
14 § 4. Subdivisions 4 and 5 of section 60.05 of the penal law, subdivi-
15 sion 4 as amended by chapter 738 of the laws of 2004, subdivision 5 as
16 amended by chapter 405 of the laws of 2010, are amended to read as
17 follows:
18 4. Certain class C felonies. Except as provided in subdivision six of
19 this section, every person convicted of a class C violent felony offense
20 as defined in subdivision one of section 70.02 of this title, must be
21 sentenced to imprisonment in accordance with section 70.02 of this
22 title; and, except as provided in subdivision six of this section, every
23 person convicted of the class C felonies of: attempt to commit any of
24 the class B felonies of bribery in the first degree as defined in
25 section 200.04, bribe receiving in the first degree as defined in
26 section 200.12, conspiracy in the second degree as defined in section
27 105.15 and criminal mischief in the first degree as defined in section
28 145.12; criminal usury in the first degree as defined in section 190.42,
29 rewarding official misconduct in the first degree as defined in section
30 200.22, receiving reward for official misconduct in the first degree as
31 defined in section 200.27, attempt to promote prostitution in the first
32 degree as defined in article one hundred ten and section 230.32, promot-
33 ing prostitution in the second degree as defined in section 230.30,
34 criminal use of a weapon by a minor as defined in section 265.18-a,
35 arson in the third degree as defined in section 150.10 of this chapter,
36 must be sentenced to imprisonment in accordance with section 70.00 of
37 this title.
38 5. Certain class D felonies. Except as provided in subdivision six of
39 this section, every person convicted of the class D felonies of assault
40 in the second degree as defined in section 120.05, strangulation in the
41 second degree as defined in section 121.12, criminal possession of a
42 weapon by a minor as defined in section 265.18 or attempt to commit a
43 class C felony as defined in section 230.30 of this chapter, must be
44 sentenced in accordance with section 70.00 or 85.00 of this title.
45 § 5. The penal law is amended by adding a new section 265.27 to read
46 as follows:
47 § 265.27 Lost or stolen firearm to be reported.
48 An owner of one or more firearms shall report each incidence of a lost
49 or stolen firearm to the police authorities of the city, town or village
50 where such person reporting is located within seventy-two hours of such
51 loss or theft, or discovery of such loss or theft.
52 An intentional failure to make such report is a class A misdemeanor.
53 § 6. Paragraph d of subdivision 6 of section 661 of the education law,
54 as added by chapter 83 of the laws of 1995, is amended to read as
55 follows:
S. 1810--A 3
1 d. No student who is incarcerated in any federal, state or other penal
2 institution shall be eligible for any general or academic performance
3 award made pursuant to this article. No student who has been convicted
4 of any weapons possession, transport or sale charge and is currently on
5 probation or parole for such conviction shall be eligible to apply for
6 or receive any general or academic performance award made pursuant to
7 this article until such student is successfully discharged from
8 probation or parole whereupon such student shall be eligible to apply
9 for such awards for the next succeeding academic semester.
10 § 7. Paragraph c of subdivision 1 of section 80.00 of the penal law,
11 as amended by chapter 338 of the laws of 1989, is amended to read as
12 follows:
13 c. if the conviction is for any felony defined in article two hundred
14 twenty [or], two hundred twenty-one or section 265.50 of this chapter,
15 according to the following schedule:
16 (i) for A-I felonies, one hundred thousand dollars;
17 (ii) for A-II felonies, fifty thousand dollars;
18 (iii) for B felonies, thirty thousand dollars;
19 (iv) for C felonies, fifteen thousand dollars.
20 When imposing a fine pursuant to the provisions of this paragraph, the
21 court shall consider the profit gained by defendant's conduct, whether
22 the amount of the fine is disproportionate to the conduct in which
23 defendant engaged, its impact on any victims, and defendant's economic
24 circumstances, including the defendant's ability to pay, the effect of
25 the fine upon his or her immediate family or any other persons to whom
26 the defendant owes an obligation of support.
27 § 8. This act shall take effect immediately, provided that:
28 a. sections two, three and five of this act shall take effect on the
29 first of November next succeeding the date on which it shall have become
30 a law;
31 b. sections four and seven of this act shall take effect on the one
32 hundred twentieth day after it shall have become a law; and
33 c. section six of this act shall apply to tuition awards for the
34 2013-2014 academic year and all subsequent academic years.
