S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1810
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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 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    S 2. The penal law is amended by adding a new section 265.45  to  read
    4  as follows:
    5  S 265.45 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    S 3. The penal law is amended by adding two new  sections  265.18  and
   16  265.19 to read as follows:
   17  S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR.
   18    1.  A  PERSON  IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON BY A MINOR
   19  WHEN, BEING UNDER EIGHTEEN  YEARS  OF  AGE,  HE  OR  SHE  POSSESSES  ANY
   20  FIREARM, RIFLE OR SHOTGUN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02242-01-3
       S. 1810                             2
    1    2.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
    2  POSSESSES A RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING  LICENSE  OR
    3  PERMIT  ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
    4  TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE.
    5    CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY.
    6  S 265.19 CRIMINAL USE OF A WEAPON BY A MINOR.
    7    A  PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN, BEING
    8  UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A
    9  FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME.
   10    CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY.
   11    S 4. Subdivisions 4 and 5 of section 60.05 of the penal law,  subdivi-
   12  sion  4  as amended by chapter 738 of the laws of 2004, subdivision 5 as
   13  amended by chapter 405 of the laws of  2010,  are  amended  to  read  as
   14  follows:
   15    4.  Certain  class  C felonies. Except as provided in subdivision six,
   16  every person convicted of a class C violent felony offense as defined in
   17  subdivision one of section 70.02 of this title,  must  be  sentenced  to
   18  imprisonment in accordance with section 70.02 of this title; and, except
   19  as  provided  in subdivision six of this section, every person convicted
   20  of the class C felonies of: attempt to commit any of the class  B  felo-
   21  nies  of bribery in the first degree as defined in section 200.04, bribe
   22  receiving in the first degree as defined in section  200.12,  conspiracy
   23  in  the second degree as defined in section 105.15 and criminal mischief
   24  in the first degree as defined in section 145.12; criminal usury in  the
   25  first degree as defined in section 190.42, rewarding official misconduct
   26  in  the  first degree as defined in section 200.22, receiving reward for
   27  official misconduct in the first degree as defined  in  section  200.27,
   28  attempt  to promote prostitution in the first degree as defined in ARTI-
   29  CLE ONE HUNDRED TEN AND section 230.32, promoting  prostitution  in  the
   30  second  degree as defined in section 230.30, CRIMINAL USE OF A WEAPON BY
   31  A MINOR AS DEFINED IN SECTION 265.19,  arson  in  the  third  degree  as
   32  defined  in  section 150.10 of this chapter, must be sentenced to impri-
   33  sonment in accordance with section 70.00 of this title.
   34    5. Certain class D felonies. Except as provided in subdivision six  of
   35  this  section, every person convicted of the class D felonies of assault
   36  in the second degree as defined in section 120.05, strangulation in  the
   37  second  degree  as  defined  in section 121.12, CRIMINAL POSSESSION OF A
   38  WEAPON BY A MINOR AS DEFINED IN SECTION 265.18 or attempt  to  commit  a
   39  class  C  felony  as  defined in section 230.30 of this chapter, must be
   40  sentenced in accordance with section 70.00 or 85.00 of this title.
   41    S 5. The penal law is amended by adding a new section 265.27  to  read
   42  as follows:
   43  S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED.
   44    AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST
   45  OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE
   46  WHERE  SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF SUCH
   47  LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT.
   48    AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR.
   49    S 6. Paragraph d of subdivision 6 of section 661 of the education law,
   50  as added by chapter 83 of the laws  of  1995,  is  amended  to  read  as
   51  follows:
   52    d. No student who is incarcerated in any federal, state or other penal
   53  institution  shall  be  eligible for any general or academic performance
   54  award made pursuant to this article.  NO STUDENT WHO HAS BEEN  CONVICTED
   55  OF  ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY ON
   56  PROBATION OR PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO  APPLY  FOR
       S. 1810                             3
    1  OR  RECEIVE  ANY  GENERAL OR ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO
    2  THIS  ARTICLE  UNTIL  SUCH  STUDENT  IS  SUCCESSFULLY  DISCHARGED   FROM
    3  PROBATION  OR  PAROLE  WHEREUPON SUCH STUDENT SHALL BE ELIGIBLE TO APPLY
    4  FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER.
    5    S  7.  Paragraph c of subdivision 1 of section 80.00 of the penal law,
    6  as amended by chapter 338 of the laws of 1989, is  amended  to  read  as
    7  follows:
    8    c.  if the conviction is for any felony defined in article two hundred
    9  twenty [or], two hundred twenty-one OR SECTION 265.45 of  this  chapter,
   10  according to the following schedule:
   11    (i) for A-I felonies, one hundred thousand dollars;
   12    (ii) for A-II felonies, fifty thousand dollars;
   13    (iii) for B felonies, thirty thousand dollars;
   14    (iv) for C felonies, fifteen thousand dollars.
   15  When  imposing  a fine pursuant to the provisions of this paragraph, the
   16  court shall consider the profit gained by defendant's  conduct,  whether
   17  the  amount  of  the  fine  is  disproportionate to the conduct in which
   18  defendant engaged, its impact on any victims, and  defendant's  economic
   19  circumstances,  including  the defendant's ability to pay, the effect of
   20  the fine upon his or her immediate family or any other persons  to  whom
   21  the defendant owes an obligation of support.
   22    S 8. This act shall take effect immediately, provided that:
   23    a.  sections  two, three and five of this act shall take effect on the
   24  first of November next succeeding the date on which it shall have become
   25  a law;
   26    b. sections four and seven of this act shall take effect  on  the  one
   27  hundred twentieth day after it shall have become a law; and
   28    c.  section  six  of  this  act  shall apply to tuition awards for the
   29  2013-2014 academic year and all subsequent academic years.