S T A T E O F N E W Y O R K
________________________________________________________________________
3745
2015-2016 Regular Sessions
I N S E N A T E
February 17, 2015
___________
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 illegal gun trafficking,
criminal possession of a weapon by a minor and criminal use of a weap-
on 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 265.50 to read
4 as follows:
5 S 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 S 3. The penal law is amended by adding two new sections 265.18 and
16 265.18-a 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.
LBD08713-01-5
S. 3745 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 265.18-A 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 OF
16 THIS SECTION, every person convicted of a class C violent felony offense
17 as defined in subdivision one of section 70.02 of this title, must be
18 sentenced to imprisonment in accordance with section 70.02 of this
19 title; and, except as provided in subdivision six of this section, every
20 person convicted of the class C felonies of: attempt to commit any of
21 the class B felonies of bribery in the first degree as defined in
22 section 200.04, bribe receiving in the first degree as defined in
23 section 200.12, conspiracy in the second degree as defined in section
24 105.15 and criminal mischief in the first degree as defined in section
25 145.12; criminal usury in the first degree as defined in section 190.42,
26 rewarding official misconduct in the first degree as defined in section
27 200.22, receiving reward for official misconduct in the first degree as
28 defined in section 200.27, attempt to promote prostitution in the first
29 degree as defined in ARTICLE ONE HUNDRED TEN AND section 230.32, promot-
30 ing prostitution in the second degree as defined in section 230.30,
31 CRIMINAL USE OF A WEAPON BY A MINOR AS DEFINED IN SECTION 265.18-A,
32 arson in the third degree as defined in section 150.10 of this chapter,
33 must be sentenced to imprisonment in accordance with section 70.00 of
34 this title.
35 5. Certain class D felonies. Except as provided in subdivision six of
36 this section, every person convicted of the class D felonies of assault
37 in the second degree as defined in section 120.05, strangulation in the
38 second degree as defined in section 121.12, CRIMINAL POSSESSION OF A
39 WEAPON BY A MINOR AS DEFINED IN SECTION 265.18 or attempt to commit a
40 class C felony as defined in section 230.30 of this chapter, must be
41 sentenced in accordance with section 70.00 or 85.00 of this title.
42 S 5. The penal law is amended by adding a new section 265.27 to read
43 as follows:
44 S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED.
45 AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST
46 OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE
47 WHERE SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF SUCH
48 LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT.
49 AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR.
50 S 6. Paragraph d of subdivision 6 of section 661 of the education law,
51 as added by chapter 83 of the laws of 1995, is amended to read as
52 follows:
53 d. No student who is incarcerated in any federal, state or other penal
54 institution shall be eligible for any general or academic performance
55 award made pursuant to this article. NO STUDENT WHO HAS BEEN CONVICTED
56 OF ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY ON
S. 3745 3
1 PROBATION OR PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO APPLY FOR
2 OR RECEIVE ANY GENERAL OR ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO
3 THIS ARTICLE UNTIL SUCH STUDENT IS SUCCESSFULLY DISCHARGED FROM
4 PROBATION OR PAROLE WHEREUPON SUCH STUDENT SHALL BE ELIGIBLE TO APPLY
5 FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER.
6 S 7. Paragraph c of subdivision 1 of section 80.00 of the penal law,
7 as amended by section 27 of subpart A of part H of chapter 55 of the
8 laws of 2014, is amended to read as follows:
9 c. if the conviction is for any felony defined in article two hundred
10 twenty [or], two hundred twenty-one OR SECTION 265.50 of this chapter,
11 according to the following schedule:
12 (i) for A-I felonies, one hundred thousand dollars;
13 (ii) for A-II felonies, fifty thousand dollars;
14 (iii) for B felonies, thirty thousand dollars;
15 (iv) for C felonies, fifteen thousand dollars.
16 When imposing a fine pursuant to the provisions of this paragraph, the
17 court shall consider the profit gained by defendant's conduct, whether
18 the amount of the fine is disproportionate to the conduct in which
19 defendant engaged, its impact on any victims, and defendant's economic
20 circumstances, including the defendant's ability to pay, the effect of
21 the fine upon his or her immediate family or any other persons to whom
22 the defendant owes an obligation of support.
23 S 8. This act shall take effect immediately, provided that:
24 a. sections two, three and five of this act shall take effect on the
25 first of November next succeeding the date on which it shall have become
26 a law;
27 b. sections four and seven of this act shall take effect on the one
28 hundred twentieth day after it shall have become a law; and
29 c. section six of this act shall apply to tuition awards for the
30 2015-2016 academic year and all subsequent academic years.