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S01414 Summary:

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S01414 Committee Votes:

S01414 Floor Votes:

S01414 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1414--A
            Cal. No. 87
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  Sens.  PARKER, CARLUCCI, COMRIE, SEPULVEDA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes -- reported favorably from said committee  and  committed  to
          the  Committee  on  Rules  --  ordered to a third reading, amended and
          ordered reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to establishing crimes relating to the criminal possession or
          manufacture of undetectable firearms, rifles or shotguns
 
          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 a  new
     2  subdivision 3-a to read as follows:
     3    3-a.  "Major  component  of  a  firearm,  rifle  or shotgun" means the
     4  barrel, the slide or cylinder, the frame, or receiver  of  the  firearm,
     5  rifle, or shotgun.
     6    §  2.  The  penal law is amended by adding two new sections 265.50 and
     7  265.55 to read as follows:
     8  § 265.50 Criminal manufacture, sale, or  transport  of  an  undetectable
     9             firearm, rifle or shotgun.
    10    A  person  is guilty of criminal manufacture, sale, or transport of an
    11  undetectable firearm, rifle or shotgun when he or she knowingly manufac-
    12  tures, causes to be manufactured, sells, exchanges, gives, disposes  of,
    13  transports, ships, or possesses with the intent to sell:
    14    1.  any  firearm,  rifle  or shotgun that, after the removal of grips,
    15  stocks and magazines, is not detectable by a metal  detector  calibrated
    16  to  detect  the  Security  Exemplar,  as defined pursuant to 18 U.S.C. §
    17  922(p); or
    18    2. any major component of a firearm, rifle or shotgun that, if subject
    19  to the types of detection devices commonly used at airports for security
    20  screening, does not generate an image that adequately displays the shape
    21  of the component.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04445-06-9
        S. 1414--A                          2
 
     1    Criminal manufacture, sale, or transport of an  undetectable  firearm,
     2  rifle or shotgun is a class D felony.
     3  § 265.55 Criminal possession of an undetectable firearm,  rifle or shot-
     4             gun.
     5    A person is guilty of criminal possession of an undetectable  firearm,
     6  rifle or shotgun when he or she knowingly possesses:
     7    1.  any  firearm,  rifle  or shotgun that, after the removal of grips,
     8  stocks and magazines, is not detectable by a metal  detector  calibrated
     9  to  detect  the  Security  Exemplar,  as defined pursuant to 18 U.S.C. §
    10  922(p); or
    11    2. any major component of a firearm, rifle or shotgun that, if subject
    12  to the types of detection devices commonly used at airports for security
    13  screening, does not generate an image that adequately displays the shape
    14  of the component.
    15    Criminal possession of an undetectable firearm, rifle or shotgun is  a
    16  class E felony.
    17    § 3. The opening paragraph and the opening paragraph of paragraph 1 of
    18  subdivision  a of section 265.20 of the penal law, the opening paragraph
    19  as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
    20  the opening paragraph of paragraph 1 as amended by chapter 1041  of  the
    21  laws of 1974, are amended to read as follows:
    22    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    23  265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
    24  265.04,  265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
    25  265.50, 265.55 and 270.05 shall not apply to:
    26    Possession  of  any  of  the  weapons,  instruments,   appliances   or
    27  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
    28  265.50, 265.55 and 270.05 by the following:
    29    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    30  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
    31  follows:
    32    (c) Class D violent felony offenses: an attempt to commit any  of  the
    33  class C felonies set forth in paragraph (b); reckless assault of a child
    34  as defined in section 120.02, assault in the second degree as defined in
    35  section 120.05, menacing a police officer or peace officer as defined in
    36  section  120.18, stalking in the first degree, as defined in subdivision
    37  one of section 120.60, strangulation in the second degree as defined  in
    38  section  121.12, rape in the second degree as defined in section 130.30,
    39  criminal sexual act in the second degree as defined in  section  130.45,
    40  sexual abuse in the first degree as defined in section 130.65, course of
    41  sexual  conduct  against  a  child  in  the  second degree as defined in
    42  section 130.80, aggravated sexual abuse in the third degree  as  defined
    43  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    44  substance as defined in section 130.90, labor trafficking as defined  in
    45  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    46  possession of a weapon in the third degree  as  defined  in  subdivision
    47  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    48  a firearm in the third degree as defined in section 265.11, intimidating
    49  a  victim  or witness in the second degree as defined in section 215.16,
    50  soliciting or providing support for an act of terrorism  in  the  second
    51  degree  as defined in section 490.10, and making a terroristic threat as
    52  defined in section 490.20, falsely reporting an incident  in  the  first
    53  degree  as  defined in section 240.60, placing a false bomb or hazardous
    54  substance in the first degree as defined in section  240.62,  placing  a
    55  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    56  transportation facility or enclosed shopping mall as defined in  section
        S. 1414--A                          3
 
     1  240.63,  [and]  aggravated unpermitted use of indoor pyrotechnics in the
     2  first degree as defined in section  405.18,  and  criminal  manufacture,
     3  sale,  or  transport  of  an  undetectable  firearm, rifle or shotgun as
     4  defined in section 265.50.
     5    §  5.  The  opening  paragraph  of  paragraph  (c) of subdivision 2 of
     6  section 70.02 of the penal law, as amended by chapter 1 of the  laws  of
     7  2013, is amended to read as follows:
     8    Except  as  provided in subdivision six of section 60.05, the sentence
     9  imposed upon a person who stands convicted of the class D violent felony
    10  offenses of criminal possession of a  weapon  in  the  third  degree  as
    11  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
    12  criminal sale of a firearm in the third degree  as  defined  in  section
    13  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal
    14  possession of a weapon in the third degree  as  defined  in  subdivision
    15  five,  seven,  eight or nine of section 265.02, or criminal manufacture,
    16  sale, or transport of an  undetectable  firearm,  rifle  or  shotgun  as
    17  defined  in section 265.50 must be a sentence to a determinate period of
    18  imprisonment, or, in the alternative, a definite sentence  of  imprison-
    19  ment for a period of no less than one year, except that:
    20    §  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
    21  law, as amended by chapter 189 of the laws of 2018, is amended  to  read
    22  as follows:
    23    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    24  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    25  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    26  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    27  135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
    28  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    29  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
    30  145.12 relating to criminal mischief; article one hundred fifty relating
    31  to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
    32  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
    33  care  fraud;  article  one  hundred  sixty relating to robbery; sections
    34  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
    35  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
    36  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
    37  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
    38  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    39  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
    40  to  criminal  diversion  of  prescription medications and prescriptions;
    41  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    42  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
    43  215.00,  215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
    44  187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
    45  190.40 and 190.42 relating to criminal usury; section 190.65 relating to
    46  schemes  to  defraud; any felony defined in article four hundred ninety-
    47  six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
    48  sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
    49  section 215.40 relating to tampering with  physical  evidence;  sections
    50  220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
    51  220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
    52  substances; sections 225.10 and 225.20 relating  to  gambling;  sections
    53  230.25,  230.30,  and 230.32 relating to promoting prostitution; section
    54  230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
    55  trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
    56  relating to obscenity; sections 263.10 and 263.15 relating to  promoting
        S. 1414--A                          4

     1  a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
     2  265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
     3  constitute  a  felony  relating to firearms and other dangerous weapons;
     4  sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
     5  section 265.50 relating to the criminal manufacture, sale  or  transport
     6  of  an  undetectable  firearm, rifle or shotgun; section 275.10, 275.20,
     7  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
     8  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
     9    §  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    10  procedure law, as amended by chapter 1 of the laws of 2019,  is  amended
    11  to read as follows:
    12    (b)  Any  of  the  following felonies: assault in the second degree as
    13  defined in section 120.05 of the penal law, assault in the first  degree
    14  as  defined in section 120.10 of the penal law, reckless endangerment in
    15  the first degree as defined in section 120.25 of the penal law,  promot-
    16  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    17  strangulation in the second degree as defined in section 121.12  of  the
    18  penal  law,  strangulation  in  the  first  degree as defined in section
    19  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    20  section  125.10  of  the penal law, manslaughter in the second degree as
    21  defined in section 125.15 of the penal law, manslaughter  in  the  first
    22  degree  as  defined  in  section  125.20 of the penal law, murder in the
    23  second degree as defined in section 125.25 of the penal law,  murder  in
    24  the  first degree as defined in section 125.27 of the penal law, rape in
    25  the third degree as defined in section 130.25 of the penal law, rape  in
    26  the second degree as defined in section 130.30 of the penal law, rape in
    27  the first degree as defined in section 130.35 of the penal law, criminal
    28  sexual act in the third degree as defined in section 130.40 of the penal
    29  law,  criminal  sexual  act  in  the second degree as defined in section
    30  130.45 of the penal law, criminal sexual act  in  the  first  degree  as
    31  defined  in  section  130.50 of the penal law, sexual abuse in the first
    32  degree as defined in section 130.65 of the penal law, unlawful imprison-
    33  ment in the first degree as defined in section 135.10 of the penal  law,
    34  kidnapping  in  the  second  degree  as defined in section 135.20 of the
    35  penal law, kidnapping in the first degree as defined in  section  135.25
    36  of  the penal law, labor trafficking as defined in section 135.35 of the
    37  penal law, aggravated labor trafficking as defined in section 135.37  of
    38  the  penal law, custodial interference in the first degree as defined in
    39  section 135.50 of the penal law, coercion in the first degree as defined
    40  in section 135.65 of the penal  law,  criminal  trespass  in  the  first
    41  degree  as  defined  in section 140.17 of the penal law, burglary in the
    42  third degree as defined in section 140.20 of the penal law, burglary  in
    43  the  second  degree  as  defined  in  section  140.25  of the penal law,
    44  burglary in the first degree as defined in section 140.30 of  the  penal
    45  law,  criminal mischief in the third degree as defined in section 145.05
    46  of the penal law, criminal mischief in the second degree as  defined  in
    47  section  145.10  of the penal law, criminal mischief in the first degree
    48  as defined in section 145.12 of the penal law, criminal tampering in the
    49  first degree as defined in section 145.20 of the penal law, arson in the
    50  fourth degree as defined in section 150.05 of the penal  law,  arson  in
    51  the third degree as defined in section 150.10 of the penal law, arson in
    52  the  second  degree as defined in section 150.15 of the penal law, arson
    53  in the first degree as defined in section 150.20 of the penal law, grand
    54  larceny in the fourth degree as defined in section 155.30 of  the  penal
    55  law,  grand  larceny in the third degree as defined in section 155.35 of
    56  the penal law, grand larceny in the second degree as defined in  section
        S. 1414--A                          5
 
     1  155.40 of the penal law, grand larceny in the first degree as defined in
     2  section  155.42 of the penal law, health care fraud in the fourth degree
     3  as defined in section 177.10 of the penal law, health care fraud in  the
     4  third  degree as defined in section 177.15 of the penal law, health care
     5  fraud in the second degree as defined in section  177.20  of  the  penal
     6  law,  health care fraud in the first degree as defined in section 177.25
     7  of the penal law, robbery in the third  degree  as  defined  in  section
     8  160.05  of  the  penal  law,  robbery in the second degree as defined in
     9  section 160.10 of the penal law, robbery in the first degree as  defined
    10  in  section  160.15  of the penal law, unlawful use of secret scientific
    11  material as defined  in  section  165.07  of  the  penal  law,  criminal
    12  possession of stolen property in the fourth degree as defined in section
    13  165.45  of  the penal law, criminal possession of stolen property in the
    14  third degree as defined in section 165.50 of  the  penal  law,  criminal
    15  possession of stolen property in the second degree as defined by section
    16  165.52  of  the penal law, criminal possession of stolen property in the
    17  first degree as defined by section 165.54 of the  penal  law,  trademark
    18  counterfeiting  in the second degree as defined in section 165.72 of the
    19  penal law, trademark counterfeiting in the first degree  as  defined  in
    20  section 165.73 of the penal law, forgery in the second degree as defined
    21  in  section  170.10  of  the  penal  law, forgery in the first degree as
    22  defined in section 170.15 of the penal law,  criminal  possession  of  a
    23  forged  instrument  in the second degree as defined in section 170.25 of
    24  the penal law, criminal possession of a forged instrument in  the  first
    25  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    26  possession of forgery devices as defined in section 170.40 of the  penal
    27  law,  falsifying  business  records  in  the  first degree as defined in
    28  section 175.10 of the penal law, tampering with public  records  in  the
    29  first  degree  as defined in section 175.25 of the penal law, offering a
    30  false instrument for filing in the first degree as  defined  in  section
    31  175.35  of  the  penal  law,  issuing  a false certificate as defined in
    32  section 175.40 of the penal  law,  criminal  diversion  of  prescription
    33  medications and prescriptions in the second degree as defined in section
    34  178.20  of the penal law, criminal diversion of prescription medications
    35  and prescriptions in the first degree as defined in  section  178.25  of
    36  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
    37  defined in section 187.10 of the penal law, residential  mortgage  fraud
    38  in the third degree as defined in section 187.15 of the penal law, resi-
    39  dential mortgage fraud in the second degree as defined in section 187.20
    40  of  the  penal  law,  residential  mortgage fraud in the first degree as
    41  defined in section 187.25 of the penal law, escape in the second  degree
    42  as  defined  in  section  205.10  of  the penal law, escape in the first
    43  degree as defined in section 205.15 of the penal  law,  absconding  from
    44  temporary  release  in  the first degree as defined in section 205.17 of
    45  the penal law, promoting  prison  contraband  in  the  first  degree  as
    46  defined in section 205.25 of the penal law, hindering prosecution in the
    47  second  degree  as defined in section 205.60 of the penal law, hindering
    48  prosecution in the first degree as defined  in  section  205.65  of  the
    49  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
    50  law, sex trafficking of a child as defined in section  230.34-a  of  the
    51  penal  law,  criminal  possession  of  a  weapon  in the third degree as
    52  defined in subdivisions two, three and five of  section  265.02  of  the
    53  penal  law,  criminal  possession  of  a  weapon in the second degree as
    54  defined in section 265.03 of the penal law,  criminal  possession  of  a
    55  weapon  in  the  first  degree as defined in section 265.04 of the penal
    56  law, manufacture, transport, disposition and defacement of  weapons  and
        S. 1414--A                          6
 
     1  dangerous instruments and appliances defined as felonies in subdivisions
     2  one, two, and three of section 265.10 of the penal law, sections 265.11,
     3  265.12  and  265.13  of  the  penal law, or prohibited use of weapons as
     4  defined  in subdivision two of section 265.35 of the penal law, relating
     5  to firearms and other dangerous weapons, criminal manufacture,  sale  or
     6  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
     7  section 265.50 of the penal law, or failure to disclose the origin of  a
     8  recording  in the first degree as defined in section 275.40 of the penal
     9  law;
    10    § 8. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.