STATE OF NEW YORK
        ________________________________________________________________________

                                          8934

                    IN SENATE

                                      April 1, 2024
                                       ___________

        Introduced  by  Sen.  CHU  --  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  making  technical
          corrections  to the definition of the weapon designated as a "throwing
          star" or "shuriken"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. This act shall be known and may be cited as the "replacing
     2  prejudiced term act".
     3    § 2. Subdivision 15-b of section 265.00 of the penal law, as added  by
     4  chapter 61 of the laws of 1985, is amended to read as follows:
     5    15-b. ["Kung Fu star"] "Throwing star" or "shuriken" means a disc-like
     6  object  with  sharpened  points  on  the  circumference  thereof  and is
     7  designed for use primarily as a weapon to be thrown.
     8    § 3. Subdivision 1 of section 120.55 of the penal law, as  amended  by
     9  chapter 257 of the laws of 2008, is amended to read as follows:
    10    1.  Commits  the  crime  of stalking in the third degree as defined in
    11  subdivision three of section 120.50 of this article and in the course of
    12  and in furtherance of the commission of such offense: (i)  displays,  or
    13  possesses  and threatens the use of, a firearm, pistol, revolver, rifle,
    14  shotgun, machine gun, electronic dart gun,  electronic  stun  gun,  cane
    15  sword,  billy,  blackjack,  bludgeon,  plastic knuckles, metal knuckles,
    16  chuka stick, sand bag, sandclub, slingshot, slungshot,  [shirken,  "Kung
    17  Fu Star"] shuriken, throwing star, dagger, dangerous knife, dirk, razor,
    18  stiletto,  imitation  pistol, dangerous instrument, deadly instrument or
    19  deadly weapon; or (ii) displays what appears to be a  pistol,  revolver,
    20  rifle, shotgun, machine gun or other firearm; or
    21    §  4.  Subdivision 1 of section 265.01 of the penal law, as amended by
    22  chapter 34 of the laws of 2019, is amended to read as follows:
    23    (1) He or she possesses any firearm, electronic dart  gun,  electronic
    24  stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife,
    25  cane  sword,  billy, blackjack, bludgeon, plastic knuckles, metal knuck-
    26  les, chuka stick, sand bag,  sandclub,  wrist-brace  type  slingshot  or
    27  slungshot, [shirken, or "Kung Fu star"] shuriken, or throwing star;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11946-02-3

        S. 8934                             2

     1    § 5. Subdivisions 1 and 2 of section 265.10 of the penal law, as sepa-
     2  rately  amended  by  chapters  34,  130 and 146 of the laws of 2019, are
     3  amended to read as follows:
     4    1.  Any  person  who  manufactures  or  causes  to be manufactured any
     5  machine-gun, assault weapon, large capacity ammunition feeding device or
     6  disguised gun is guilty of a class D felony. Any person who manufactures
     7  or causes to be manufactured any rapid-fire modification device is guil-
     8  ty of a class E felony. Any person who  manufactures  or  causes  to  be
     9  manufactured any switchblade knife, pilum ballistic knife, metal knuckle
    10  knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles,
    11  metal  knuckles, [Kung Fu] throwing star, chuka stick, sandbag, sandclub
    12  or slungshot is guilty of a class A misdemeanor.
    13    2. Any person who transports or ships any machine-gun, firearm silenc-
    14  er, assault weapon  or  large  capacity  ammunition  feeding  device  or
    15  disguised  gun,  or  who transports or ships as merchandise five or more
    16  firearms, is guilty of a class D felony. Any person  who  transports  or
    17  ships  any rapid-fire modification device is guilty of a class E felony.
    18  Any person who transports or ships as  merchandise  any  firearm,  other
    19  than  an assault weapon, switchblade knife, pilum ballistic knife, unde-
    20  tectable knife, billy,  blackjack,  bludgeon,  plastic  knuckles,  metal
    21  knuckles,  [Kung Fu] throwing star, chuka stick, sandbag or slungshot is
    22  guilty of a class A misdemeanor.
    23    § 6. This act shall take effect immediately.