S00252 Summary:

BILL NOS00252
 
SAME ASSAME AS A03899
 
SPONSORSAMPSON
 
COSPNSRAVELLA
 
MLTSPNSR
 
Rpld S265.01 subs 7 & 8, amd Pen L, generally; add S837-s, Exec L; amd S1349, CPLR
 
Relates to the criminal possession of a weapon and possession of a firearm while under the influence of alcohol or drugs; increases certain penalties.
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S00252 Actions:

BILL NOS00252
 
01/09/2013REFERRED TO CODES
01/08/2014REFERRED TO CODES
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S00252 Floor Votes:

There are no votes for this bill in this legislative session.
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S00252 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           252
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sen. SAMPSON -- 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 criminal possession  of  a
          weapon;  to  amend the penal law and the executive law, in relation to

          the possession of a firearm while under the influence  of  alcohol  or
          drugs; to amend the penal law, in relation to increasing penalties for
          the  criminal  sale  of  firearms; to amend the civil practice law and
          rules,  in  relation  to  forfeiture  money;  and  to  repeal  certain
          provisions of the penal law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 7 and 8 of section 265.01 of the penal law are
     2  REPEALED.
     3    § 2. Subdivision 8 of section 265.02 of the penal law, as  amended  by
     4  chapter  764  of the laws of 2005, is amended and two new subdivisions 9
     5  and 10 are added to read as follows:
     6    (8)  Such  person  possesses  a  large  capacity  ammunition   feeding
     7  device[.]; or

     8    (9)  Such  person knowingly possesses a bullet containing an explosive
     9  substance designed to detonate upon impact; or
    10    (10) Such person possesses any armor piercing ammunition  with  intent
    11  to use the same unlawfully against another.
    12    §  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
    13  chapter 189 of the laws of 2000, is amended to read as follows:
    14    1. Eligibility. No license shall be issued or renewed pursuant to this
    15  section except by the licensing officer, and then  only  after  investi-
    16  gation  and  finding  that  all statements in a proper application for a
    17  license are true. No license shall be issued or renewed  except  for  an
    18  applicant  (a) twenty-one years of age or older, provided, however, that
    19  where such applicant has  been  honorably  discharged  from  the  United
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02246-01-3

        S. 252                              2
 
     1  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
     2  national guard of the state of New York, no such age  restriction  shall
     3  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
     4  anywhere of a felony or a serious offense; (d) who has stated whether he
     5  or  she  has  ever  suffered  any mental illness or been confined to any
     6  hospital or institution, public or private, for mental illness; (e)  who
     7  has  not had a license revoked or who is not under a suspension or inel-
     8  igibility  order  issued  pursuant  to  the  provisions  of  subdivision

     9  eleven-a  of  this section, section 530.14 of the criminal procedure law
    10  or section eight hundred forty-two-a of the family court act; (f) in the
    11  county of Westchester, who has successfully completed a firearms  safety
    12  course  and  test  as evidenced by a certificate of completion issued in
    13  his or her name and endorsed and affirmed under the penalties of perjury
    14  by a duly authorized instructor, except that: (i) persons who are honor-
    15  ably discharged from the United States army, navy, marine corps or coast
    16  guard, or of the national guard of the state of New  York,  and  produce
    17  evidence  of  official  qualification  in  firearms  during  the term of
    18  service are not required to have completed those  hours  of  a  firearms
    19  safety  course pertaining to the safe use, carrying, possession, mainte-
    20  nance and storage of a firearm; and (ii) persons who  were  licensed  to

    21  possess  a  pistol or revolver prior to the effective date of this para-
    22  graph are not required to have completed a firearms  safety  course  and
    23  test; and (g) concerning whom no good cause exists for the denial of the
    24  license. No person shall engage in the business of gunsmith or dealer in
    25  firearms  unless  licensed  pursuant  to  this  section. An applicant to
    26  engage in such business shall also be a citizen of  the  United  States,
    27  more  than  twenty-one  years of age and maintain a place of business in
    28  the city or county where the license is issued. For  such  business,  if
    29  the applicant is a firm or partnership, each member thereof shall comply
    30  with  all  of  the requirements set forth in this subdivision and if the
    31  applicant is a corporation, each officer thereof shall so comply.
    32    § 4. Subdivision 11 of section 400.00 of the penal law, as amended  by

    33  chapter 210 of the laws of 1999, is amended to read as follows:
    34    11.  License:  revocation and suspension. The conviction of a licensee
    35  anywhere of a felony or serious offense shall operate as a revocation of
    36  the license. A license may be revoked or suspended as  provided  for  in
    37  section  530.14  of  the criminal procedure law or section eight hundred
    38  forty-two-a of the family court act. Except for a license issued  pursu-
    39  ant  to  section  400.01  of  this article, a license may be revoked and
    40  cancelled at any time in the city of New York, and in  the  counties  of
    41  Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
    42  city of New York by any judge or justice of a court of record; a license
    43  issued pursuant to section 400.01 of this article  may  be  revoked  and
    44  cancelled  at  any time by the licensing officer or any judge or justice

    45  of a court of record. The official revoking a license shall give written
    46  notice thereof without unnecessary delay to  the  executive  department,
    47  division  of state police, Albany, and shall also notify immediately the
    48  duly constituted police authorities of the locality.   For  purposes  of
    49  this  subdivision,  the term "serious offense" shall include, but not be
    50  limited to, a second violation of subdivision eleven-a of  this  section
    51  within ten years of a prior violation of such subdivision.
    52    § 5. Section 400.00 of the penal law is amended by adding a new subdi-
    53  vision 11-a to read as follows:
    54    11-a.  License; suspension for possession while under the influence of
    55  alcohol or a controlled substance. (a) No  licensee  shall  possess  any

    56  loaded  firearm,  as defined in subdivision fifteen of section 265.00 of

        S. 252                              3
 
     1  this chapter, on his or her person in a public place while such licensee
     2  is either under the influence of alcohol or under  the  influence  of  a
     3  controlled  substance,  as  defined in sections thirty-three hundred two
     4  and  thirty-three hundred six of the public health law.  For purposes of
     5  this subdivision, a person is considered to be under  the  influence  of
     6  alcohol  or  under  the  influence  of a controlled substance where such
     7  person has voluntarily consumed alcohol or voluntarily used one or  more
     8  controlled substances, or both, to the extent that his or her ability to

     9  safely handle or use a loaded firearm has been significantly diminished.
    10  For  purposes  of  this  subdivision, "public place" shall have the same
    11  meaning as in  subdivision  one  of  section  240.00  of  this  chapter,
    12  provided  however, that for purposes of this subdivision, "public place"
    13  shall also include the interior of a motor vehicle.   As  used  in  this
    14  subdivision,  "on  his  or  her person" shall have its ordinary meaning,
    15  provided, however, that for purposes of this subdivision, a person shall
    16  also be deemed to possess a firearm "on  his  or  her  person"  where  a
    17  firearm  licensed to such person is found in a motor vehicle at the same
    18  time such person is an occupant of such vehicle.

    19    (b) The license to carry or possess a firearm of  any  person  who  is
    20  charged  with  a  violation of any of the provisions of paragraph (a) of
    21  this subdivision or who refuses to submit to a chemical test of  his  or
    22  her  breath,  blood,  urine or saliva for the purpose of determining the
    23  alcoholic and/or drug content of  his  or  her  blood  shall  be  deemed
    24  suspended,  with respect to the firearm or firearms forming the basis of
    25  such charge or refusal, pending a hearing held pursuant to this subdivi-
    26  sion  and  such  firearm  or  firearms,  together  with  any  ammunition
    27  possessed therewith, shall be confiscated and held by the police pending
    28  such hearing.
    29    (c)  (i)  Any person who holds a license to carry or possess a firearm

    30  in this state shall be deemed to have given his  or  her  consent  to  a
    31  chemical  test  of  his  or  her  breath, blood, urine or saliva for the
    32  purpose of determining the alcoholic and/or drug content of his  or  her
    33  blood;  provided,  that such test is administered by or at the direction
    34  of a police officer with respect to a chemical test of breath, urine  or
    35  saliva or, with respect to a chemical test of blood, at the direction of
    36  a  police  officer  having  reasonable  grounds  to  believe such person
    37  possesses a firearm in violation of this subdivision.
    38    (ii) If such licensee, having been requested to submit to such  chemi-
    39  cal  test  and  having been informed that his or her license to carry or

    40  possess a firearm shall be suspended for a refusal  to  submit  to  such
    41  chemical  test,  refuses  to submit to such test or is administered such
    42  test, a written report of such refusal or test  result  shall  be  imme-
    43  diately  made by the police officer before whom such refusal or test was
    44  made. Such report may be verified by having  the  report  sworn  to,  or
    45  affixing to such report a form notice that false statements made therein
    46  are  punishable  as a class A misdemeanor, pursuant to section 210.45 of
    47  this chapter, and such form notice together with the subscription of the
    48  deponent shall constitute a verification of the report.  The  report  of
    49  the  police officer shall state that he or she had reasonable grounds to

    50  believe such licensee to have been in violation of this subdivision and,
    51  if appropriate, that said person had refused to submit to such  chemical
    52  test.  Copies of such report shall be forwarded by the police officer to
    53  the licensing officer within forty-eight hours.
    54    (d) (i) Any licensee whose license to carry or possess a  firearm  has
    55  been  deemed  suspended  pursuant  to  the terms of this subdivision, is
    56  entitled to a hearing by the licensing officer, no later than seven days

        S. 252                              4
 
     1  after the date on which he or she allegedly violated  this  subdivision.
     2  Such  hearing  shall  be  conducted by the licensing officer, or if such

     3  possession allegedly occurred in the city of New  York,  by  the  police
     4  commissioner of such city. If the licensing officer fails to provide for
     5  such  hearing  within  the  time  prescribed herein, the license of such
     6  person shall be reinstated pending a hearing pursuant to  this  subdivi-
     7  sion  and  any  lawfully  possessed  firearm  and ammunition confiscated
     8  pursuant to paragraph (b)  of  this  subdivision  shall  be  immediately
     9  returned  to  the licensee.   The burden of proof at a hearing conducted
    10  pursuant to this subdivision shall be on the police officer to prove the
    11  issues by a preponderance of the evidence.  The hearing shall be limited
    12  to the following issues: (1) did the person possess a loaded firearm  on

    13  his or her person in a public place while under the influence of alcohol
    14  or  drugs  in  violation  of this subdivision and did the police officer
    15  have reasonable grounds for believing such violation had  occurred;  and
    16  (2)  if suspension is based upon a refusal to submit to a chemical test,
    17  did the police officer have reasonable grounds for believing the  licen-
    18  see  possessed  a  firearm  in  violation  of this subdivision, was such
    19  person given sufficient warning,  in  clear  and  unequivocal  language,
    20  prior  to such refusal that such refusal to submit to such chemical test
    21  would result in the suspension of his or her license whether or  not  he
    22  or  she  is  found  guilty  of  the charge and did such person refuse to

    23  submit to such chemical test.   If, after such  hearing,  the  licensing
    24  officer  finds  on  both of said issues in the negative, he or she shall
    25  immediately reinstate such license subject to any existing  restriction,
    26  revocation,  or  suspension  of  such license and any lawfully possessed
    27  firearm and ammunition confiscated pursuant to  paragraph  (b)  of  this
    28  subdivision  shall  be  immediately returned to the licensee.  If, after
    29  such hearing, the licensing officer finds either of the  issues  in  the
    30  affirmative,  he  or  she  shall  immediately suspend the license.   The
    31  firearm license shall be suspended for a period of one year. The licens-
    32  ing officer, upon suspending a license, shall instruct the  person  that

    33  all  outstanding  firearms held pursuant to such license, and any amend-
    34  ments thereto, shall be surrendered to the duly entitled police authori-
    35  ties within twenty-four hours of the conclusion  of  such  hearing.  The
    36  licensing  officer  shall  instruct such person that all weapons surren-
    37  dered pursuant to this paragraph and paragraph (b) of  this  subdivision
    38  shall be returned to such person upon the reinstatement of such license.
    39  Any person may waive his or her right to a hearing under this paragraph.
    40  Failure  by such person to appear for his or her scheduled hearing shall
    41  constitute a waiver of such hearing, provided, however, that such person
    42  may petition the licensing officer for a new hearing which, if  granted,

    43  shall be held as soon as practicable.
    44    (ii)  Evidence  of  a refusal to submit to such chemical test shall be
    45  admissible in any hearing held pursuant to the provisions of this subdi-
    46  vision but only upon showing that the person was given sufficient  warn-
    47  ing, in clear and unequivocal language, of the effect of such refusal.
    48    (iii)  Upon  the  request of the person who was tested, the results of
    49  such test shall be made available to him or her.
    50    (iv) The chemical test provided for in subparagraph (i)  of  paragraph
    51  (c)  of  this  subdivision  shall  be  conducted  in  the same manner as
    52  provided in subdivision four of section eleven  hundred  ninety-four  of
    53  the vehicle and traffic law.

    54    (v)  Any  person  whose  license  is suspended for a violation of this
    55  subdivision shall, as a condition for  reinstatement  of  such  license,
    56  successfully  complete  the  alcohol  and  drug  rehabilitation  program

        S. 252                              5
 
     1  provided for in section eight hundred thirty-seven-s  of  the  executive
     2  law.  The  licensing  officer shall not reinstate such license until the
     3  commissioner of the division of criminal justice services certifies such
     4  person  has  successfully  completed the alcohol and drug rehabilitation
     5  program.
     6    (vi) During the period of suspension provided for  in  this  paragraph
     7  such  person  shall  not  be  permitted  to apply for any license, or an

     8  amendment to an existing license, provided for in this section.
     9    (e) The licensing officer suspending  a  license  shall  give  written
    10  notice  thereof, without unnecessary delay, to the executive department,
    11  division of state police, Albany, and shall also notify immediately  the
    12  duly constituted police authorities of the locality.
    13    (f) In any hearing pursuant to this subdivision, the licensing officer
    14  shall  admit  evidence of the amount of alcohol or drugs in the person's
    15  blood as shown by a test administered pursuant to the provisions of this
    16  subdivision.
    17     The following effect shall be  given  to  evidence  of  blood-alcohol
    18  content,  as  determined  by  such  tests,  of  a  person charged with a

    19  violation of this subdivision:
    20    (i) Evidence that there was less than .10 of one per centum by  weight
    21  of  alcohol  in  such  person's blood shall be prima facie evidence that
    22  such person was not under the influence of alcohol;
    23    (ii) Evidence that there was .10 of one per centum or more  by  weight
    24  of  alcohol  in  such  person's blood shall be prima facie evidence that
    25  such person was under the influence of alcohol.
    26    (g) Except as herein  specifically  provided,  the  hearing  conducted
    27  pursuant  to  this  subdivision  shall  be  deemed to be an adjudicatory
    28  proceeding subject to the provisions  of  article  three  of  the  state
    29  administrative procedure act.

    30    (h)  Any person aggrieved by a decision after the hearing provided for
    31  in this subdivision may appeal such decision pursuant to the  provisions
    32  of article seventy-eight of the civil practice law and rules.
    33    (i)  Notwithstanding  any  other  provision of law to the contrary, no
    34  person shall be arrested solely for an alleged violation of this  subdi-
    35  vision.  However, a person for whom a chemical test is authorized pursu-
    36  ant to this subdivision may be temporarily detained by the police solely
    37  for the purpose of requesting or administering such chemical test  when-
    38  ever  arrest  without warrant for a petty offense would be authorized in
    39  accordance with the provisions of section 140.10 of the criminal  proce-
    40  dure law.

    41    (j)  Nothing  contained  in this subdivision shall be deemed to in any
    42  way reduce or limit the existing authority of  a  licensing  officer  to
    43  revoke  or  suspend  a  license issued pursuant to this section. Nothing
    44  contained in this subdivision shall be deemed to limit, reduce or in any
    45  way effect the criminal liability of a licensee for any firearm or other
    46  offense defined in this chapter or any other provision of law.
    47    § 6. Subdivision 15 of section 400.00 of the penal law is  amended  to
    48  read as follows:
    49    15.  Any  violation  by  any  person of any provision of this section,
    50  other than a violation of paragraph (a) of subdivision eleven-a of  this
    51  section, is a class A misdemeanor.

    52    §  7.  The  executive  law is amended by adding a new section 837-s to
    53  read as follows:
    54    § 837-s. Alcohol and drug rehabilitation program.  1.  Program  estab-
    55  lishment. There is hereby established an alcohol and drug rehabilitation
    56  program within the division.  The commissioner shall establish, by regu-

        S. 252                              6
 
     1  lation,  the  instructional  and  rehabilitative aspects of the program.
     2  Such program shall consist of at least fifteen and not more than  thirty
     3  hours  and include, but need not be limited to, classroom instruction in
     4  areas deemed suitable by the commissioner.
     5    2.  Curriculum.  The  form,  content and method of presentation of the

     6  various aspects of such program shall be established by the  commission-
     7  er.  In  the  development  of  the  form, curriculum and content of such
     8  program, the commissioner may consult with the  commissioner  of  mental
     9  health, the commissioner of the office of alcoholism and substance abuse
    10  services  and  any  other  state  department  or  agency and request and
    11  receive assistance from them. The commissioner  is  also  authorized  to
    12  develop  more than one curriculum and course content for such program in
    13  order to meet the varying rehabilitative needs of the participants.
    14    3. Where available. A course in such program shall be available in  at
    15  least  every  county  in the state, except where the commissioner deter-

    16  mines that there is not a sufficient number of alcohol  or  drug-related
    17  offenses  in  a  county to mandate the establishment of said course, and
    18  that provisions be made for the residents of said  county  to  attend  a
    19  course in another county where a course exists.
    20    4. Eligibility. Participation in the program shall be limited to those
    21  persons  having  violated  the  provisions  of  subdivision  eleven-a of
    22  section 400.00 of the penal law.
    23    5. Effect of completion.  Upon successful completion of  a  course  in
    24  such  program as certified by its administrator, the commissioner shall,
    25  on a form provided for such purpose, notify  the  appropriate  licensing
    26  officer  having  issued  the  order  of  suspension  of  such licensee's

    27  successful completion of the course provided for in this section.
    28    6. Fees. The commissioner shall establish a schedule  of  fees  to  be
    29  paid  by  or on behalf of each participant in the program, and may, from
    30  time to time, modify same.  Such fees shall defray the ongoing  expenses
    31  of  the  program,  provided, however, that pursuant to an agreement with
    32  the division a municipality, department thereof,  or  other  agency  may
    33  conduct a course in such program with all or part of the expense of such
    34  course and program being borne by such municipality, department or agen-
    35  cy.  In no event shall such fee be refundable, either for reasons of the
    36  participant's withdrawal or expulsion from such program or otherwise.

    37    § 8. The closing paragraph of section 265.13  of  the  penal  law,  as
    38  amended  by  chapter  764  of  the  laws  of 2005, is amended to read as
    39  follows:
    40    Criminal sale of a firearm in the first degree is a class [B] A  felo-
    41  ny.
    42    §  9.  The  closing  paragraph  of section 265.12 of the penal law, as
    43  amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
    44  follows:
    45    Criminal sale of a firearm in the second degree is a class [C] B felo-
    46  ny.
    47    §  10.    Paragraph (a) of subdivision 1 of section 70.02 of the penal
    48  law, as amended by chapter 320 of the laws of 2006, is amended  to  read
    49  as follows:
    50    (a)  Class  B  violent felony offenses: an attempt to commit the class
    51  A-I felonies of murder in  the  second  degree  as  defined  in  section

    52  125.25, kidnapping in the first degree as defined in section 135.25, and
    53  arson  in the first degree as defined in section 150.20; manslaughter in
    54  the first degree as defined in section 125.20,  aggravated  manslaughter
    55  in  the  first  degree  as  defined in section 125.22, rape in the first
    56  degree as defined in section 130.35, criminal sexual act  in  the  first

        S. 252                              7
 
     1  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
     2  first degree as defined in section  130.70,  course  of  sexual  conduct
     3  against  a  child  in  the  first  degree  as defined in section 130.75;
     4  assault  in the first degree as defined in section 120.10, kidnapping in
     5  the second degree as defined in section 135.20, burglary  in  the  first
     6  degree  as  defined  in  section  140.30,  arson in the second degree as

     7  defined in section 150.15, robbery in the first  degree  as  defined  in
     8  section 160.15, incest in the first degree as defined in section 255.27,
     9  criminal  possession  of  a  weapon  in  the  first degree as defined in
    10  section 265.04, criminal use of a firearm in the first degree as defined
    11  in section 265.09, criminal sale of a  firearm  in  the  [first]  second
    12  degree as defined in section [265.13] 265.12, criminal sale of a firearm
    13  with the aid of a minor as defined in section 265.14, aggravated assault
    14  upon  a  police officer or a peace officer as defined in section 120.11,
    15  gang assault in the first degree as defined in  section  120.07,  intim-
    16  idating  a  victim  or witness in the first degree as defined in section
    17  215.17, hindering prosecution  of  terrorism  in  the  first  degree  as

    18  defined  in  section 490.35, criminal possession of a chemical weapon or
    19  biological weapon in the second degree as defined in section 490.40, and
    20  criminal use of a chemical weapon or  biological  weapon  in  the  third
    21  degree as defined in section 490.47.
    22    §  11.  The  closing  paragraph of section 265.11 of the penal law, as
    23  amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
    24  follows:
    25    Criminal  sale of a firearm in the third degree is a class [D] C felo-
    26  ny.
    27    § 12. Paragraph (b) of subdivision 1 of section  70.02  of  the  penal
    28  law,  as  amended by chapter 148 of the laws of 2011, is amended to read
    29  as follows:
    30    (b) Class C violent felony offenses: an attempt to commit any  of  the
    31  class  B felonies set forth in paragraph (a) of this subdivision; aggra-

    32  vated criminally negligent homicide as defined in section 125.11, aggra-
    33  vated manslaughter in the second degree as defined  in  section  125.21,
    34  aggravated  sexual  abuse  in  the  second  degree as defined in section
    35  130.67, assault on a peace officer, police officer, fireman or emergency
    36  medical services professional as defined in section 120.08, assault on a
    37  judge as defined in section 120.09, gang assault in the second degree as
    38  defined in section 120.06, strangulation in the first degree as  defined
    39  in  section  121.13, burglary in the second degree as defined in section
    40  140.25, robbery in the second degree as defined in section 160.10, crim-
    41  inal possession of a weapon in the second degree as defined  in  section
    42  265.03,  criminal  use  of  a firearm in the second degree as defined in
    43  section 265.08, criminal sale of a firearm in the [second] third  degree

    44  as  defined in section [265.12] 265.11, [criminal sale of a firearm with
    45  the aid of a minor as defined in section  265.14]  criminal  sale  of  a
    46  firearm to a minor as defined in section 265.16, soliciting or providing
    47  support  for  an  act  of  terrorism  in  the first degree as defined in
    48  section 490.15, hindering prosecution of terrorism in the second  degree
    49  as  defined  in  section  490.30,  and criminal possession of a chemical
    50  weapon or biological weapon in the third degree as  defined  in  section
    51  490.37.
    52    §  13.  The  closing  paragraph of section 265.16 of the penal law, as
    53  amended by chapter 654 of the laws  of  1998,  is  amended  to  read  as
    54  follows:
    55    Criminal sale of a firearm to a minor is a class [C] B felony.


        S. 252                              8
 
     1    §  14.  The  closing  paragraph of section 265.14 of the penal law, as
     2  amended by chapter 654 of the laws  of  1998,  is  amended  to  read  as
     3  follows:
     4    Criminal  sale  of  a firearm with the aid of a minor is a class [C] B
     5  felony.
     6    § 15. Subparagraph (i) of paragraph (h) of subdivision  2  of  section
     7  1349 of the civil practice law and rules, as added by chapter 655 of the
     8  laws of 1990, is amended to read as follows:
     9    (i) [seventy-five] sixty-five percent of such moneys shall be deposit-
    10  ed  to  a law enforcement purposes subaccount of the general fund of the
    11  state where the claiming agent is an agency of the state  or  the  poli-
    12  tical  subdivision  or public authority of which the claiming agent is a

    13  part, to be used for law enforcement use in the investigation  of  penal
    14  law  offenses;  and ten percent of such monies shall be allocated to the
    15  police athletic league of the political subdivision or public  authority
    16  of which the claiming agent is a part;
    17    §  16.    Paragraph (b) of subdivision 3 of section 70.02 of the penal
    18  law, as amended by chapter 765 of the laws of 2005, is amended  to  read
    19  as follows:
    20    (b) For a class C felony, the term must be at least three and one-half
    21  years  and  must  not  exceed fifteen years, provided, however, that the
    22  term must be: (i) at least seven years and must not exceed twenty  years
    23  where  the  sentence  is for the crime of aggravated manslaughter in the
    24  second degree as defined in section 125.21  of  this  chapter;  (ii)  at

    25  least seven years and must not exceed twenty years where the sentence is
    26  for  the  crime of attempted aggravated assault upon a police officer or
    27  peace officer as defined in section 120.11 of this chapter; [and]  (iii)
    28  at least three and one-half years and must not exceed twenty years where
    29  the  sentence  is for the crime of aggravated criminally negligent homi-
    30  cide as defined in section 125.11 of this chapter; and (iv) at least ten
    31  years and must not exceed twenty years where the sentence is for a crime
    32  of criminal possession of a weapon in the second degree  as  defined  in
    33  section 265.03 of this chapter;
    34    §  17.    This  act  shall  take  effect on the first of November next
    35  succeeding the date on which it shall have become a law.
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