Bill S4536-2011

Enacts the Gun Trafficking Prevention Act

Enacts the Gun Trafficking Prevention Act; creates offenses of illegal gun trafficking, criminal possession of a weapon by a minor, criminal use of a weapon by a minor, and lost or stolen firearm to be reported; also amends penalties and eligibility for tuition awards by students on probation or parole for weapons convictions.

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  • Jan 4, 2012: REFERRED TO CODES
  • Apr 11, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S4536

TITLE OF BILL:

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 criminal 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

PURPOSE OR GENERAL IDEA OF BILL:

To enact several measures to curb illegal use and distribution of a weapon.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes the short title as the "Gun Trafficking Prevention Act."

Section 2 of the bill amends the penal law by adding a new section 265.45. This section defines illegal gun trafficking and sets the penalty for illegal gun trafficking as a class B felony.

Section 3 of the bill adds two new sections, 265.18 and 265.19, to the penal law. These sections define criminal possession of a weapon by a minor and criminal use of a weapon by a minor. Criminal possession of a minor is a class D felony and criminal use of a weapon by a minor is a class C felony.

Section 4 of the bill amends subdivisions 4 and S of section 60.05 of the penal law to provide that the offenses listed in sections 2 and 3 of the bill are punishable by a sentence of imprisonment in accordance with section 70.00 of the penal law.

Section 5 of the bill amends the penal law by adding section 265.27. This section defines the crime of failure to report a lost or stolen firearm. An intentional failure to make a report is a class A misdemeanor.

Section 6 of the bill amends paragraph d of subdivision 6 of section 661 of the education law. This section states that: no student who has been convicted of any weapons possession, transport or sale will be eligible to apply for tuition awards for the next succeeding academic semester.

Section 7 of the bill amends paragraph c of subdivision 1 of section 80.00 of the penal law, as amended by chapter 338 of the laws of 1989, for the purpose of adding the new offenses created in this bill to the current penal law.

Section 8 of the bill sets forth the effective date.

JUSTIFICATION:

This legislation combines several measures that will help law enforcement officials decrease gun violence. These measures increase penalties for: criminal possession of a weapon by a minor, criminal use of a weapon by a minor and failure to report a lost or stolen firearm, as well as allowing for a temporary suspension of tuition awards for students that have been sentenced for gun crimes. with these measures, law enforcement and communities will be better able to combat gun violence.

PRIOR LEGISLATIVE HISTORY:

2010: A.10069 (Benjamin) - Codes Provisions in this legislation can be found in A.2938, A.2940, A.3061 and A.9864.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately, provided that: a. sections two, three and five of this act shall take effect on the first of November next succeeding the date on which it shall have become a law; b. sections four and seven of this act shall take effect on the one hundred twentieth day after it shall have become a law; and c. section six of this act shall apply to tuition awards for the 2011-2012 academic year And all subsequent academic years.


Text

STATE OF NEW YORK ________________________________________________________________________ 4536 2011-2012 Regular Sessions IN SENATE April 11, 2011 ___________
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: Section 1. Short title. This act shall be known and may be cited as the "Gun Trafficking Prevention Act". S 2. The penal law is amended by adding a new section 265.45 to read as follows: S 265.45 ILLEGAL GUN TRAFFICKING. A PERSON IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH PERSON KNOW- INGLY AND INTENTIONALLY DISTRIBUTES, TRANSPORTS, SHIPS, RECEIVES, BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS: 1. BEEN USED DURING THE COMMISSION OF A CRIME; 2. BEEN STOLEN; 3. HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED, OBLIT- ERATED OR ALTERED; OR 4. BEEN DEFACED. ILLEGAL GUN TRAFFICKING IS A CLASS B FELONY. S 3. The penal law is amended by adding two new sections 265.18 and 265.19 to read as follows: S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR. 1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON BY A MINOR WHEN, BEING UNDER EIGHTEEN YEARS OF AGE, HE OR SHE POSSESSES ANY FIREARM, RIFLE OR SHOTGUN.
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO POSSESSES A RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING LICENSE OR PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA- TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE. CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY. S 265.19 CRIMINAL USE OF A WEAPON BY A MINOR. A PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN, BEING UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME. CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY. S 4. Subdivisions 4 and 5 of section 60.05 of the penal law, subdivi- sion 4 as amended by chapter 738 of the laws of 2004, subdivision 5 as amended by chapter 405 of the laws of 2010, are amended to read as follows: 4. Certain class C felonies. Except as provided in subdivision six, every person convicted of a class C violent felony offense as defined in subdivision one of section 70.02 of this title, must be sentenced to imprisonment in accordance with section 70.02 of this title; and, except as provided in subdivision six of this section, every person convicted of the class C felonies of: attempt to commit any of the class B felo- nies of bribery in the first degree as defined in section 200.04, bribe receiving in the first degree as defined in section 200.12, conspiracy in the second degree as defined in section 105.15 and criminal mischief in the first degree as defined in section 145.12; criminal usury in the first degree as defined in section 190.42, rewarding official misconduct in the first degree as defined in section 200.22, receiving reward for official misconduct in the first degree as defined in section 200.27, attempt to promote prostitution in the first degree as defined in ARTI- CLE ONE HUNDRED TEN AND section 230.32, promoting prostitution in the second degree as defined in section 230.30, CRIMINAL USE OF A WEAPON BY A MINOR AS DEFINED IN SECTION 265.19, arson in the third degree as defined in section 150.10 of this chapter, must be sentenced to impri- sonment in accordance with section 70.00 of this title. 5. Certain class D felonies. Except as provided in subdivision six of this section, every person convicted of the class D felonies of assault in the second degree as defined in section 120.05, strangulation in the second degree as defined in section 121.12, CRIMINAL POSSESSION OF A WEAPON BY A MINOR AS DEFINED IN SECTION 265.18 or attempt to commit a class C felony as defined in section 230.30 of this chapter, must be sentenced in accordance with section 70.00 or 85.00 of this title. S 5. The penal law is amended by adding a new section 265.27 to read as follows: S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED. AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE WHERE SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF SUCH LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT. AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR. S 6. Paragraph d of subdivision 6 of section 661 of the education law, as added by chapter 83 of the laws of 1995, is amended to read as follows: d. No student who is incarcerated in any federal, state or other penal institution shall be eligible for any general or academic performance award made pursuant to this article. NO STUDENT WHO HAS BEEN CONVICTED OF ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY ON PROBATION OR PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO APPLY FOR
OR RECEIVE ANY GENERAL OR ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO THIS ARTICLE UNTIL SUCH STUDENT IS SUCCESSFULLY DISCHARGED FROM PROBATION OR PAROLE WHEREUPON SUCH STUDENT SHALL BE ELIGIBLE TO APPLY FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER. S 7. Paragraph c of subdivision 1 of section 80.00 of the penal law, as amended by chapter 338 of the laws of 1989, is amended to read as follows: c. if the conviction is for any felony defined in article two hundred twenty [or], two hundred twenty-one OR SECTION 265.45 of this chapter, according to the following schedule: (i) for A-I felonies, one hundred thousand dollars; (ii) for A-II felonies, fifty thousand dollars; (iii) for B felonies, thirty thousand dollars; (iv) for C felonies, fifteen thousand dollars. When imposing a fine pursuant to the provisions of this paragraph, the court shall consider the profit gained by defendant's conduct, whether the amount of the fine is disproportionate to the conduct in which defendant engaged, its impact on any victims, and defendant's economic circumstances, including the defendant's ability to pay, the effect of the fine upon his or her immediate family or any other persons to whom the defendant owes an obligation of support. S 8. This act shall take effect immediately, provided that: a. sections two, three and five of this act shall take effect on the first of November next succeeding the date on which it shall have become a law; b. sections four and seven of this act shall take effect on the one hundred twentieth day after it shall have become a law; and c. section six of this act shall apply to tuition awards for the 2011-2012 academic year and all subsequent academic years.

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