Establishes procedure for the suspension and revocation of license to carry and possess a firearm if a person carries loaded firearm on person in a public place while under the influence of alcohol or drugs, or if a person who is so charged refuses to submit to a chemical test to determine the alcohol or drug levels in blood; requires person to successfully complete an alcohol and drug rehabilitation program as a condition of the suspension.
TITLE OF BILL: An act to amend the penal law and the executive law, in relation to the possession of a firearm while under the influence of alcohol or drugs
PURPOSE OR GENERAL IDEA OF BILL: This bill provides for the suspension of a firearm license for up to a one year period where the licensee is found to be under the influence of alcohol or a controlled substance while in possession of a loaded firearm in a public place or where the licensee refuses to submit to a chemical test by a police officer who has reasonable grounds to believe that such a violation has occurred.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 contains a declaration of legislative intent.
Section 2 amends section 400.00(1) of the penal law to make a person whose firearm license is under suspension for possessing a firearm in a public place while under the influence of alcohol or drugs ineligible for the issuance or renewal of a firearm license.
Section 3 amends section 400.00(11) of the penal law to revoke the firearms license of a person who has a second violation for the possession of a firearm while under the influence of alcohol or drugs within 10 years of a prior violation.
Section 4 adds a new subdivision 11-a to section 400.00 of the penal law.
Paragraph (a) of subdivision 11-a provides that no licensee of firearms shall possess any loaded firearm on his person in a public place while such licensee is either under the influence of alcohol or under the influence of a controlled substance. A person is considered under the influence or alcohol or under the influence of a controlled substance when the person has voluntarily consumed alcohol or voluntarily used one or more controlled substances, or both, to the extent that his ability to safely handle or use a loaded firearm has been significantly diminished.
Paragraph (b) of subdivision 11-a deems suspended, pending a hearing, the firearms license with respect to any firearm(s) which form the basis of a charge of possessing a firearm while under the influence of alcohol or drugs or a refusal to submit to a chemical test for the purpose of determining the alcoholic and/or drug content of a person's blood. Paragraph (b) authorizes the confiscation of such firearm(s) by police pending the suspension hearing.
Paragraph (c) of subdivision 11-a provides that a person who holds a license to carry or possess a firearm impliedly consents to a chemical test of his breath, blood, urine or saliva to determine the alcoholic and/or drug content of his blood where a police officer has reasonable grounds to believe that the person possesses a loaded firearm while under the influence of alcohol or drugs.
Paragraph (d) of subdivision 11-a sets forth the license suspension hearing requirements. Hearings are to be conducted within 7 days of the alleged violation before the appropriate licensing officer, or, if the hearing is not held within 7 days, the license of the person must be reinstated and any lawfully possessed firearms and ammunition confiscated by the police must be returned pending a hearing. If the licensee is found to be in violation of possessing a firearm while under the influence of alcohol or drugs, the licensing officer must immediately suspend the person's license for a period not exceeding one year and the person must surrender his license, any amendment thereto, and any weapons held pursuant to such license. Persons whose license is suspended must successfully complete, as a condition for reinstatement of a firearms license, an alcohol and/or drug rehabilitation program.
Paragraph (f) of subdivision 11-a contains evidentiary standards regarding the use of blood-alcohol tests applicable in a suspension hearing.
Paragraph (h) of subdivision 11-a provides for the right to appeal the decision made at a hearing.
Paragraph (i) of subdivision 11-a authorizes a police officer to temporarily detain a person whom such officer reasonably believes is in violation of this section for the sole purpose of administering a chemical test to determine whether the person is under the influence of alcohol or drugs.
Section 5 Amends section 400.00(15) of the penal law to clarify that possession of a firearm while under the influence of alcohol or drugs is not, in and of itself, a crime.
Section 6 adds a new section 837-m to the executive law to establish the alcohol and drug rehabilitation program required of all persons found to be under the influence of alcohol or drugs ,while in possession of a loaded firearm, which program must be completed in order to reinstate the person's firearms license.
JUSTIFICATION: Individuals who have been granted the privilege by the state of obtaining a firearms license should not be permitted to abuse this privilege by possessing a firearm while under the influence of alcohol or drugs. Possessing a loaded firearm while intoxicated possesses a serious threat to the citizens of this state. Enactment of this legislation would decrease the possibility of an accidental or intentional discharge of a firearm by a person whose judgment is impaired by alcohol or drugs.
LEGISLATIVE HISTORY: S.1899A of 2007 01/29/07 Referred to Codes S.132 of 2009 01/07/09 Referred to Codes 01/06/10 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: ,in 0 None.
EFFECTIVE DATE: First day of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 650 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the executive law, in relation to the possession of a firearm while under the influence of alcohol or drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds and declares that the serious and dangerous consequences which may result when persons otherwise lawfully in possession of a firearm are under the influence of alcohol or a controlled substance demand immediate and forthwith state action. There is no compelling reason to permit such a person to retain the privilege to carry and possess a firearm, knowing full well the dire consequences which may occur when alcohol or drugs and firearms are combined. Therefore, in enacting the provisions of this act, the state takes the extraordinary step of suspending the license to carry and possess a firearm of any person found to be under the influence of alcohol or a controlled substance while actually carry- ing a loaded firearm on his or her person in a public place, or who if charged with such activity refuses to submit to a chemical test to determine the alcohol or drug content of his or her blood. S 2. Subdivision 1 of section 400.00 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows: 1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investi- gation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shallEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03469-01-1 S. 650 2
apply; (b) of good moral character; (c) who has not been convicted anywhere of a felony or a serious offense; (d) who has stated whether he or she has ever suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness; (e) who has not had a license revoked or who is not under a suspension or inel- igibility 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; (f) in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate 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 honor- ably 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, mainte- nance and storage of a firearm; and (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this para- graph are not required to have completed a firearms safety course and test; and (g) 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 twenty-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 3. Subdivision 11 of section 400.00 of the penal law, as amended by chapter 210 of the laws of 1999, is amended to read as follows: 11. License: revocation and suspension. The conviction of a licensee anywhere of a felony or serious offense 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 eight hundred forty-two-a of the family court act. Except for a license issued pursu- ant 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 executive department, division of state police, Albany, and shall also notify 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. S 4. 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 AS. 650 3
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. (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 SUCHS. 650 4
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 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 THES. 650 5
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. 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 5. Subdivision 15 of section 400.00 of the penal law 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 6. 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 THIRTYS. 650 6
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 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 7. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law; provided however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date is authorized and directed to be made and completed within 180 days after the date on which this act becomes a law.