S. 4016 2
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user of or addicted to any
controlled substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States under a nonimmigrant visa
subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has stated whether he or she has ever suffered any
mental illness; (j) who has not been involuntarily committed to a facil-
ity under the jurisdiction of an office of the department of mental
hygiene pursuant to article nine or fifteen of the mental hygiene law,
article seven hundred thirty or section 330.20 of the criminal procedure
law, section four hundred two or five hundred eight of the correction
law, section 322.2 or 353.4 of the family court act, or has not been
civilly confined in a secure treatment facility pursuant to article ten
of the mental hygiene law; (k) who has not had a license revoked or who
is not under a suspension or ineligibility order issued pursuant to the
provisions of SUBDIVISION ELEVEN-A OF THIS SECTION, section 530.14 of
the criminal procedure law or section eight hundred forty-two-a of the
family court act; (l) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced by a certif-
icate of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized instructor, except
that: (i) persons who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence of official qualification in
firearms during the term of service are not required to have completed
those hours of a firearms safety course pertaining to the safe use,
carrying, possession, maintenance and storage of a firearm; and (ii)
persons who were licensed to possess a pistol or revolver prior to the
effective date of this paragraph are not required to have completed a
firearms safety course and test; (m) who has not had a guardian
appointed for him or her pursuant to any provision of state law, based
on a determination that as a result of marked subnormal intelligence,
mental illness, incapacity, condition or disease, he or she lacks the
mental capacity to contract or manage his or her own affairs; and (n)
concerning whom no good cause exists for the denial of the license. No
person shall engage in the business of gunsmith or dealer in firearms
unless licensed pursuant to this section. An applicant to engage in such
business shall also be a citizen of the United States, more than twen-
ty-one years of age and maintain a place of business in the city or
county where the license is issued. For such business, if the applicant
is a firm or partnership, each member thereof shall comply with all of
the requirements set forth in this subdivision and if the applicant is a
corporation, each officer thereof shall so comply.
S 4. Subdivision 11 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
11. License: revocation and suspension. (a) The conviction of a licen-
see anywhere of a felony or serious offense or a licensee at any time
becoming ineligible to obtain a license under this section shall operate
as a revocation of the license. A license may be revoked or suspended as
provided for in section 530.14 of the criminal procedure law or section
S. 4016 3
eight hundred forty-two-a of the family court act. Except for a license
issued pursuant to section 400.01 of this article, a license may be
revoked and cancelled at any time in the city of New York, and in the
counties of Nassau and Suffolk, by the licensing officer, and elsewhere
than in the city of New York by any judge or justice of a court of
record; a license issued pursuant to section 400.01 of this article may
be revoked and cancelled at any time by the licensing officer or any
judge or justice of a court of record. The official revoking a license
shall give written notice thereof without unnecessary delay to the exec-
utive department, division of state police, Albany, and shall also noti-
fy immediately the duly constituted police authorities of the locality.
FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SERIOUS OFFENSE" SHALL
INCLUDE, BUT NOT BE LIMITED TO, A SECOND VIOLATION OF SUBDIVISION
ELEVEN-A OF THIS SECTION WITHIN TEN YEARS OF A PRIOR VIOLATION OF SUCH
SUBDIVISION.
(b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene law, the
division of criminal justice services shall convey such information,
whenever it determines that the person named in the report possesses a
license issued pursuant to this section, to the appropriate licensing
official, who shall issue an order suspending or revoking such license.
(c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph (f) of paragraph one of subdivision a of
section 265.20 of this chapter. In the event such license, firearm,
shotgun, or rifle is not surrendered, such items shall be removed and
declared a nuisance and any police officer or peace officer acting
pursuant to his or her special duties is authorized to remove any and
all such weapons.
S 5. Section 400.00 of the penal law is amended by adding a new subdi-
vision 11-a to read as follows:
11-A. LICENSE; SUSPENSION FOR POSSESSION WHILE UNDER THE INFLUENCE OF
ALCOHOL OR A CONTROLLED SUBSTANCE. (A) NO LICENSEE SHALL POSSESS ANY
LOADED FIREARM, AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION 265.00 OF
THIS CHAPTER, ON HIS OR HER PERSON IN A PUBLIC PLACE WHILE SUCH LICENSEE
IS EITHER UNDER THE INFLUENCE OF ALCOHOL OR UNDER THE INFLUENCE OF A
CONTROLLED SUBSTANCE, AS DEFINED IN SECTIONS THIRTY-THREE HUNDRED TWO
AND THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW. FOR PURPOSES OF
THIS SUBDIVISION, A PERSON IS CONSIDERED TO BE UNDER THE INFLUENCE OF
ALCOHOL OR UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE WHERE SUCH
PERSON HAS VOLUNTARILY CONSUMED ALCOHOL OR VOLUNTARILY USED ONE OR MORE
CONTROLLED SUBSTANCES, OR BOTH, TO THE EXTENT THAT HIS OR HER ABILITY TO
SAFELY HANDLE OR USE A LOADED FIREARM HAS BEEN SIGNIFICANTLY DIMINISHED.
FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC PLACE" SHALL HAVE THE SAME
MEANING AS IN SUBDIVISION ONE OF SECTION 240.00 OF THIS CHAPTER,
PROVIDED HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC PLACE"
SHALL ALSO INCLUDE THE INTERIOR OF A MOTOR VEHICLE. AS USED IN THIS
SUBDIVISION, "ON HIS OR HER PERSON" SHALL HAVE ITS ORDINARY MEANING,
PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, A PERSON SHALL
ALSO BE DEEMED TO POSSESS A FIREARM "ON HIS OR HER PERSON" WHERE A
FIREARM LICENSED TO SUCH PERSON IS FOUND IN A MOTOR VEHICLE AT THE SAME
TIME SUCH PERSON IS AN OCCUPANT OF SUCH VEHICLE.
S. 4016 4
(B) THE LICENSE TO CARRY OR POSSESS A FIREARM OF ANY PERSON WHO IS
CHARGED WITH A VIOLATION OF ANY OF THE PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION OR WHO REFUSES TO SUBMIT TO A CHEMICAL TEST OF HIS OR
HER BREATH, BLOOD, URINE OR SALIVA FOR THE PURPOSE OF DETERMINING THE
ALCOHOLIC AND/OR DRUG CONTENT OF HIS OR HER BLOOD SHALL BE DEEMED
SUSPENDED, WITH RESPECT TO THE FIREARM OR FIREARMS FORMING THE BASIS OF
SUCH CHARGE OR REFUSAL, PENDING A HEARING HELD PURSUANT TO THIS SUBDIVI-
SION AND SUCH FIREARM OR FIREARMS, TOGETHER WITH ANY AMMUNITION
POSSESSED THEREWITH, SHALL BE CONFISCATED AND HELD BY THE POLICE PENDING
SUCH HEARING.
(C) (I) ANY PERSON WHO HOLDS A LICENSE TO CARRY OR POSSESS A FIREARM
IN THIS STATE SHALL BE DEEMED TO HAVE GIVEN HIS OR HER CONSENT TO A
CHEMICAL TEST OF HIS OR HER BREATH, BLOOD, URINE OR SALIVA FOR THE
PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT OF HIS OR HER
BLOOD; PROVIDED, THAT SUCH TEST IS ADMINISTERED BY OR AT THE DIRECTION
OF A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST OF BREATH, URINE OR
SALIVA OR, WITH RESPECT TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF
A POLICE OFFICER HAVING REASONABLE GROUNDS TO BELIEVE SUCH PERSON
POSSESSES A FIREARM IN VIOLATION OF THIS SUBDIVISION.
(II) IF SUCH LICENSEE, HAVING BEEN REQUESTED TO SUBMIT TO SUCH CHEMI-
CAL TEST AND HAVING BEEN INFORMED THAT HIS OR HER LICENSE TO CARRY OR
POSSESS A FIREARM SHALL BE SUSPENDED FOR A REFUSAL TO SUBMIT TO SUCH
CHEMICAL TEST, REFUSES TO SUBMIT TO SUCH TEST OR IS ADMINISTERED SUCH
TEST, A WRITTEN REPORT OF SUCH REFUSAL OR TEST RESULT SHALL BE IMME-
DIATELY MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL OR TEST WAS
MADE. SUCH REPORT MAY BE VERIFIED BY HAVING THE REPORT SWORN TO, OR
AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
ARE PUNISHABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION 210.45 OF
THIS CHAPTER, AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE
DEPONENT SHALL CONSTITUTE A VERIFICATION OF THE REPORT. THE REPORT OF
THE POLICE OFFICER SHALL STATE THAT HE OR SHE HAD REASONABLE GROUNDS TO
BELIEVE SUCH LICENSEE TO HAVE BEEN IN VIOLATION OF THIS SUBDIVISION AND,
IF APPROPRIATE, THAT SAID PERSON HAD REFUSED TO SUBMIT TO SUCH CHEMICAL
TEST. COPIES OF SUCH REPORT SHALL BE FORWARDED BY THE POLICE OFFICER TO
THE LICENSING OFFICER WITHIN FORTY-EIGHT HOURS.
(D) (I) ANY LICENSEE WHOSE LICENSE TO CARRY OR POSSESS A FIREARM HAS
BEEN DEEMED SUSPENDED PURSUANT TO THE TERMS OF THIS SUBDIVISION, IS
ENTITLED TO A HEARING BY THE LICENSING OFFICER, NO LATER THAN SEVEN DAYS
AFTER THE DATE ON WHICH HE OR SHE ALLEGEDLY VIOLATED THIS SUBDIVISION.
SUCH HEARING SHALL BE CONDUCTED BY THE LICENSING OFFICER, OR IF SUCH
POSSESSION ALLEGEDLY OCCURRED IN THE CITY OF NEW YORK, BY THE POLICE
COMMISSIONER OF SUCH CITY. IF THE LICENSING OFFICER FAILS TO PROVIDE FOR
SUCH HEARING WITHIN THE TIME PRESCRIBED HEREIN, THE LICENSE OF SUCH
PERSON SHALL BE REINSTATED PENDING A HEARING PURSUANT TO THIS SUBDIVI-
SION AND ANY LAWFULLY POSSESSED FIREARM AND AMMUNITION CONFISCATED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE IMMEDIATELY
RETURNED TO THE LICENSEE. THE BURDEN OF PROOF AT A HEARING CONDUCTED
PURSUANT TO THIS SUBDIVISION SHALL BE ON THE POLICE OFFICER TO PROVE THE
ISSUES BY A PREPONDERANCE OF THE EVIDENCE. THE HEARING SHALL BE LIMITED
TO THE FOLLOWING ISSUES: (1) DID THE PERSON POSSESS A LOADED FIREARM ON
HIS OR HER PERSON IN A PUBLIC PLACE WHILE UNDER THE INFLUENCE OF ALCOHOL
OR DRUGS IN VIOLATION OF THIS SUBDIVISION AND DID THE POLICE OFFICER
HAVE REASONABLE GROUNDS FOR BELIEVING SUCH VIOLATION HAD OCCURRED; AND
(2) IF SUSPENSION IS BASED UPON A REFUSAL TO SUBMIT TO A CHEMICAL TEST,
DID THE POLICE OFFICER HAVE REASONABLE GROUNDS FOR BELIEVING THE LICEN-
SEE POSSESSED A FIREARM IN VIOLATION OF THIS SUBDIVISION, WAS SUCH
S. 4016 5
PERSON GIVEN SUFFICIENT WARNING, IN CLEAR AND UNEQUIVOCAL LANGUAGE,
PRIOR TO SUCH REFUSAL THAT SUCH REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST
WOULD RESULT IN THE SUSPENSION OF HIS OR HER LICENSE WHETHER OR NOT HE
OR SHE IS FOUND GUILTY OF THE CHARGE AND DID SUCH PERSON REFUSE TO
SUBMIT TO SUCH CHEMICAL TEST. IF, AFTER SUCH HEARING, THE LICENSING
OFFICER FINDS ON BOTH OF SAID ISSUES IN THE NEGATIVE, HE OR SHE SHALL
IMMEDIATELY REINSTATE SUCH LICENSE SUBJECT TO ANY EXISTING RESTRICTION,
REVOCATION, OR SUSPENSION OF SUCH LICENSE AND ANY LAWFULLY POSSESSED
FIREARM AND AMMUNITION CONFISCATED PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE IMMEDIATELY RETURNED TO THE LICENSEE. IF, AFTER
SUCH HEARING, THE LICENSING OFFICER FINDS EITHER OF THE ISSUES IN THE
AFFIRMATIVE, HE OR SHE SHALL IMMEDIATELY SUSPEND THE LICENSE. THE
FIREARM LICENSE SHALL BE SUSPENDED FOR A PERIOD OF ONE YEAR. THE LICENS-
ING OFFICER, UPON SUSPENDING A LICENSE, SHALL INSTRUCT THE PERSON THAT
ALL OUTSTANDING FIREARMS HELD PURSUANT TO SUCH LICENSE, AND ANY AMEND-
MENTS THERETO, SHALL BE SURRENDERED TO THE DULY ENTITLED POLICE AUTHORI-
TIES WITHIN TWENTY-FOUR HOURS OF THE CONCLUSION OF SUCH HEARING. THE
LICENSING OFFICER SHALL INSTRUCT SUCH PERSON THAT ALL WEAPONS SURREN-
DERED PURSUANT TO THIS PARAGRAPH AND PARAGRAPH (B) OF THIS SUBDIVISION
SHALL BE RETURNED TO SUCH PERSON UPON THE REINSTATEMENT OF SUCH LICENSE.
ANY PERSON MAY WAIVE HIS OR HER RIGHT TO A HEARING UNDER THIS PARAGRAPH.
FAILURE BY SUCH PERSON TO APPEAR FOR HIS OR HER SCHEDULED HEARING SHALL
CONSTITUTE A WAIVER OF SUCH HEARING, PROVIDED, HOWEVER, THAT SUCH PERSON
MAY PETITION THE LICENSING OFFICER FOR A NEW HEARING WHICH, IF GRANTED,
SHALL BE HELD AS SOON AS PRACTICABLE.
(II) EVIDENCE OF A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST SHALL BE
ADMISSIBLE IN ANY HEARING HELD PURSUANT TO THE PROVISIONS OF THIS SUBDI-
VISION BUT ONLY UPON SHOWING THAT THE PERSON WAS GIVEN SUFFICIENT WARN-
ING, IN CLEAR AND UNEQUIVOCAL LANGUAGE, OF THE EFFECT OF SUCH REFUSAL.
(III) UPON THE REQUEST OF THE PERSON WHO WAS TESTED, THE RESULTS OF
SUCH TEST SHALL BE MADE AVAILABLE TO HIM OR HER.
(IV) THE CHEMICAL TEST PROVIDED FOR IN SUBPARAGRAPH (I) OF PARAGRAPH
(C) OF THIS SUBDIVISION SHALL BE CONDUCTED IN THE SAME MANNER AS
PROVIDED IN SUBDIVISION FOUR OF SECTION ELEVEN HUNDRED NINETY-FOUR OF
THE VEHICLE AND TRAFFIC LAW.
(V) ANY PERSON WHOSE LICENSE IS SUSPENDED FOR A VIOLATION OF THIS
SUBDIVISION SHALL, AS A CONDITION FOR REINSTATEMENT OF SUCH LICENSE,
SUCCESSFULLY COMPLETE THE ALCOHOL AND DRUG REHABILITATION PROGRAM
PROVIDED FOR IN SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE
LAW. THE LICENSING OFFICER SHALL NOT REINSTATE SUCH LICENSE UNTIL THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES CERTIFIES SUCH
PERSON HAS SUCCESSFULLY COMPLETED THE ALCOHOL AND DRUG REHABILITATION
PROGRAM.
(VI) DURING THE PERIOD OF SUSPENSION PROVIDED FOR IN THIS PARAGRAPH
SUCH PERSON SHALL NOT BE PERMITTED TO APPLY FOR ANY LICENSE, OR AN
AMENDMENT TO AN EXISTING LICENSE, PROVIDED FOR IN THIS SECTION.
(E) THE LICENSING OFFICER SUSPENDING A LICENSE SHALL GIVE WRITTEN
NOTICE THEREOF, WITHOUT UNNECESSARY DELAY, TO THE EXECUTIVE DEPARTMENT,
DIVISION OF STATE POLICE, ALBANY, AND SHALL ALSO NOTIFY IMMEDIATELY THE
DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY.
(F) IN ANY HEARING PURSUANT TO THIS SUBDIVISION, THE LICENSING OFFICER
SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR DRUGS IN THE PERSON'S
BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION.
S. 4016 6
THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF BLOOD-ALCOHOL
CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON CHARGED WITH A
VIOLATION OF THIS SUBDIVISION:
(I) EVIDENCE THAT THERE WAS LESS THAN .10 OF ONE PER CENTUM BY WEIGHT
OF ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT
SUCH PERSON WAS NOT UNDER THE INFLUENCE OF ALCOHOL;
(II) EVIDENCE THAT THERE WAS .10 OF ONE PER CENTUM OR MORE BY WEIGHT
OF ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT
SUCH PERSON WAS UNDER THE INFLUENCE OF ALCOHOL.
(G) EXCEPT AS HEREIN SPECIFICALLY PROVIDED, THE HEARING CONDUCTED
PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED TO BE AN ADJUDICATORY
PROCEEDING SUBJECT TO THE PROVISIONS OF ARTICLE THREE OF THE STATE
ADMINISTRATIVE PROCEDURE ACT.
(H) ANY PERSON AGGRIEVED BY A DECISION AFTER THE HEARING PROVIDED FOR
IN THIS SUBDIVISION MAY APPEAL SUCH DECISION PURSUANT TO THE PROVISIONS
OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
PERSON SHALL BE ARRESTED SOLELY FOR AN ALLEGED VIOLATION OF THIS SUBDI-
VISION. HOWEVER, A PERSON FOR WHOM A CHEMICAL TEST IS AUTHORIZED PURSU-
ANT TO THIS SUBDIVISION MAY BE TEMPORARILY DETAINED BY THE POLICE SOLELY
FOR THE PURPOSE OF REQUESTING OR ADMINISTERING SUCH CHEMICAL TEST WHEN-
EVER ARREST WITHOUT WARRANT FOR A PETTY OFFENSE WOULD BE AUTHORIZED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL PROCE-
DURE LAW.
(J) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO IN ANY
WAY REDUCE OR LIMIT THE EXISTING AUTHORITY OF A LICENSING OFFICER TO
REVOKE OR SUSPEND A LICENSE ISSUED PURSUANT TO THIS SECTION. NOTHING
CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT, REDUCE OR IN ANY
WAY EFFECT THE CRIMINAL LIABILITY OF A LICENSEE FOR ANY FIREARM OR OTHER
OFFENSE DEFINED IN THIS CHAPTER OR ANY OTHER PROVISION OF LAW.
S 6. Subdivision 15 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
15. Any violation by any person of any provision of this section,
OTHER THAN A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION ELEVEN-A OF THIS
SECTION, is a class A misdemeanor.
S 7. The executive law is amended by adding a new section 837-s to
read as follows:
S 837-S. ALCOHOL AND DRUG REHABILITATION PROGRAM. 1. PROGRAM ESTAB-
LISHMENT. THERE IS HEREBY ESTABLISHED AN ALCOHOL AND DRUG REHABILITATION
PROGRAM WITHIN THE DIVISION. THE COMMISSIONER SHALL ESTABLISH, BY REGU-
LATION, THE INSTRUCTIONAL AND REHABILITATIVE ASPECTS OF THE PROGRAM.
SUCH PROGRAM SHALL CONSIST OF AT LEAST FIFTEEN AND NOT MORE THAN THIRTY
HOURS AND INCLUDE, BUT NEED NOT BE LIMITED TO, CLASSROOM INSTRUCTION IN
AREAS DEEMED SUITABLE BY THE COMMISSIONER.
2. CURRICULUM. THE FORM, CONTENT AND METHOD OF PRESENTATION OF THE
VARIOUS ASPECTS OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE COMMISSION-
ER. IN THE DEVELOPMENT OF THE FORM, CURRICULUM AND CONTENT OF SUCH
PROGRAM, THE COMMISSIONER MAY CONSULT WITH THE COMMISSIONER OF MENTAL
HEALTH, THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES AND ANY OTHER STATE DEPARTMENT OR AGENCY AND REQUEST AND
RECEIVE ASSISTANCE FROM THEM. THE COMMISSIONER IS ALSO AUTHORIZED TO
DEVELOP MORE THAN ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN
ORDER TO MEET THE VARYING REHABILITATIVE NEEDS OF THE PARTICIPANTS.
3. WHERE AVAILABLE. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN AT
LEAST EVERY COUNTY IN THE STATE, EXCEPT WHERE THE COMMISSIONER DETER-
MINES THAT THERE IS NOT A SUFFICIENT NUMBER OF ALCOHOL OR DRUG-RELATED
S. 4016 7
OFFENSES IN A COUNTY TO MANDATE THE ESTABLISHMENT OF SAID COURSE, AND
THAT PROVISIONS BE MADE FOR THE RESIDENTS OF SAID COUNTY TO ATTEND A
COURSE IN ANOTHER COUNTY WHERE A COURSE EXISTS.
4. ELIGIBILITY. PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO THOSE
PERSONS HAVING VIOLATED THE PROVISIONS OF SUBDIVISION ELEVEN-A OF
SECTION 400.00 OF THE PENAL LAW.
5. EFFECT OF COMPLETION. UPON SUCCESSFUL COMPLETION OF A COURSE IN
SUCH PROGRAM AS CERTIFIED BY ITS ADMINISTRATOR, THE COMMISSIONER SHALL,
ON A FORM PROVIDED FOR SUCH PURPOSE, NOTIFY THE APPROPRIATE LICENSING
OFFICER HAVING ISSUED THE ORDER OF SUSPENSION OF SUCH LICENSEE'S
SUCCESSFUL COMPLETION OF THE COURSE PROVIDED FOR IN THIS SECTION.
6. FEES. THE COMMISSIONER SHALL ESTABLISH A SCHEDULE OF FEES TO BE
PAID BY OR ON BEHALF OF EACH PARTICIPANT IN THE PROGRAM, AND MAY, FROM
TIME TO TIME, MODIFY SAME. SUCH FEES SHALL DEFRAY THE ONGOING EXPENSES
OF THE PROGRAM, PROVIDED, HOWEVER, THAT PURSUANT TO AN AGREEMENT WITH
THE DIVISION A MUNICIPALITY, DEPARTMENT THEREOF, OR OTHER AGENCY MAY
CONDUCT A COURSE IN SUCH PROGRAM WITH ALL OR PART OF THE EXPENSE OF SUCH
COURSE AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY, DEPARTMENT OR AGEN-
CY. IN NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER FOR REASONS OF THE
PARTICIPANT'S WITHDRAWAL OR EXPULSION FROM SUCH PROGRAM OR OTHERWISE.
S 8. The closing paragraph of section 265.13 of the penal law, as
amended by chapter 764 of the laws of 2005, is amended to read as
follows:
Criminal sale of a firearm in the first degree is a class [B] A felo-
ny.
S 9. The closing paragraph of section 265.12 of the penal law, as
amended by chapter 764 of the laws of 2005, is amended to read as
follows:
Criminal sale of a firearm in the second degree is a class [C] B felo-
ny.
S 10. Paragraph (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 320 of the laws of 2006, is amended to read
as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act in the first
degree as defined in section 130.50, aggravated sexual abuse in the
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary in the first
degree as defined in section 140.30, arson in the second degree as
defined in section 150.15, robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon in the first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in the [first] SECOND
degree as defined in section [265.13] 265.12, CRIMINAL SALE OF A FIREARM
WITH THE AID OF A MINOR AS DEFINED IN SECTION 265.14, aggravated assault
upon a police officer or a peace officer as defined in section 120.11,
gang assault in the first degree as defined in section 120.07, intim-
idating a victim or witness in the first degree as defined in section
S. 4016 8
215.17, hindering prosecution of terrorism in the first degree as
defined in section 490.35, criminal possession of a chemical weapon or
biological weapon in the second degree as defined in section 490.40, and
criminal use of a chemical weapon or biological weapon in the third
degree as defined in section 490.47.
S 11. The closing paragraph of section 265.11 of the penal law, as
amended by chapter 764 of the laws of 2005, is amended to read as
follows:
Criminal sale of a firearm in the third degree is a class [D] C felo-
ny.
S 12. Paragraph (b) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal possession of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second degree as defined in
section 265.08, criminal sale of a firearm in the [second] THIRD degree
as defined in section [265.12] 265.11, criminal sale of a firearm [with
the aid of a minor as defined in section 265.14] TO A MINOR AS DEFINED
IN SECTION 265.16, aggravated criminal possession of a weapon as defined
in section 265.19, soliciting or providing support for an act of terror-
ism in the first degree as defined in section 490.15, hindering prose-
cution of terrorism in the second degree as defined in section 490.30,
and criminal possession of a chemical weapon or biological weapon in the
third degree as defined in section 490.37.
S 13. The closing paragraph of section 265.16 of the penal law, as
amended by chapter 654 of the laws of 1998, is amended to read as
follows:
Criminal sale of a firearm to a minor is a class [C] B felony.
S 14. The closing paragraph of section 265.14 of the penal law, as
amended by chapter 654 of the laws of 1998, is amended to read as
follows:
Criminal sale of a firearm with the aid of a minor is a class [C] B
felony.
S 15. Subparagraph (i) of paragraph (h) of subdivision 2 of section
1349 of the civil practice law and rules, as added by chapter 655 of the
laws of 1990, is amended to read as follows:
(i) [seventy-five] SIXTY-FIVE percent of such moneys shall be deposit-
ed to a law enforcement purposes subaccount of the general fund of the
state where the claiming agent is an agency of the state or the poli-
tical subdivision or public authority of which the claiming agent is a
part, to be used for law enforcement use in the investigation of penal
law offenses; AND TEN PERCENT OF SUCH MONIES SHALL BE ALLOCATED TO THE
POLICE ATHLETIC LEAGUE OF THE POLITICAL SUBDIVISION OR PUBLIC AUTHORITY
OF WHICH THE CLAIMING AGENT IS A PART;
S. 4016 9
S 16. Paragraph (b) of subdivision 3 of section 70.02 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
(b) For a class C felony, the term must be at least three and one-half
years and must not exceed fifteen years, provided, however, that the
term must be: (i) at least seven years and must not exceed twenty years
where the sentence is for the crime of aggravated manslaughter in the
second degree as defined in section 125.21 of this chapter; (ii) at
least seven years and must not exceed twenty years where the sentence is
for the crime of attempted aggravated assault upon a police officer or
peace officer as defined in section 120.11 of this chapter; (iii) at
least three and one-half years and must not exceed twenty years where
the sentence is for the crime of aggravated criminally negligent homi-
cide as defined in section 125.11 of this chapter; [and] (iv) at least
five years and must not exceed fifteen years where the sentence is
imposed for the crime of aggravated criminal possession of a weapon as
defined in section 265.19 of this chapter; AND (V) AT LEAST TEN YEARS
AND MUST NOT EXCEED TWENTY YEARS WHERE THE SENTENCE IS FOR A CRIME OF
CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE AS DEFINED IN
SECTION 265.03 OF THIS CHAPTER;
S 17. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
