S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5268--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced  by M. of A. TITONE, CASTRO, M. MILLER, LAVINE, PAULIN, HOOP-
  ER, COLTON, GIBSON, P. RIVERA -- Multi-Sponsored by -- M. of A.  GOTT-
  FRIED,  HEVESI, ROBINSON, SCARBOROUGH -- read once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to possession of  a  firearm,
  rifle or shotgun 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. Subdivision 1 of section 80.05 of the penal law, as amended
by chapter 669 of the laws of 1984, is amended to read as follows:
  1. Class A misdemeanor. A sentence to pay a fine for a class A  misde-
meanor  shall  be  a  sentence to pay an amount, fixed by the court, not
exceeding one thousand  dollars,  provided,  however,  that  a  sentence
imposed for a violation of:
  (A)  section  215.80  of  this chapter may include a fine in an amount
equivalent to double the value of the property unlawfully disposed of in
the commission of the crime; AND
  (B) SUBDIVISION NINE OF SECTION 265.01 OF THIS CHAPTER MAY  INCLUDE  A
FINE, FIXED BY THE COURT, NOT EXCEEDING TEN THOUSAND DOLLARS.
  S 2. Section 265.00 of the penal law is amended by adding a new subdi-
vision 24 to read as follows:
  24.   "DRUG"   MEANS   ANY  CONTROLLED  SUBSTANCE  LISTED  IN  SECTION
THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 3. Subdivisions 2, 4, 5, 6, 7 and 8 of section 265.01 of  the  penal
law, subdivision 2 as amended by chapter 220 of the laws of 1988, subdi-
vision  4  as amended by chapter 357 of the laws of 2011, subdivisions 5
and 6 as added by chapter 1041 of the laws of  1974,  subdivision  7  as
added  by  chapter 807 of the laws of 1981 and subdivision 8 as added by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04985-03-2
              

A. 5268--A                          2

chapter 646 of the laws of 1986, are amended and a new subdivision 9  is
added to read as follows:
  (2)  He  OR  SHE  possesses  any dagger, dangerous knife, dirk, razor,
stiletto, imitation pistol, or any other dangerous or deadly  instrument
or weapon with intent to use the same unlawfully against another; or
  (4)  He  OR  SHE  possesses  a  rifle, shotgun, antique firearm, black
powder rifle, black powder shotgun, or any muzzle-loading  firearm,  and
has been convicted of a felony or serious offense; or
  (5)  He  OR  SHE possesses any dangerous or deadly weapon and is not a
citizen of the United States; or
  (6) He OR SHE is a person who  has  been  certified  not  suitable  to
possess a rifle or shotgun, as defined in subdivision sixteen of section
265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
shotgun upon the demand of a police officer. Whenever a person is certi-
fied  not suitable to possess a rifle or shotgun, a member of the police
department to which such certification is made, or of the state  police,
shall  forthwith  seize any rifle or shotgun possessed by such person. A
rifle or shotgun seized as herein provided shall not be  destroyed,  but
shall  be  delivered  to  the headquarters of such police department, or
state police, and there retained until  the  aforesaid  certificate  has
been rescinded by the director or physician in charge, or other disposi-
tion  of such rifle or shotgun has been ordered or authorized by a court
of competent jurisdiction[.]; OR
  (7) He OR SHE knowingly possesses a  bullet  containing  an  explosive
substance designed to detonate upon impact[.]; OR
  (8)  He  OR SHE possesses any armor piercing ammunition with intent to
use the same unlawfully against another[.]; OR
  (9) (A) HE OR SHE POSSESSES A FIREARM, RIFLE OR SHOTGUN OUTSIDE OF HIS
OR HER HOME WHILE:
  (I) HE OR SHE IS IN AN INTOXICATED CONDITION; OR
  (II) HE OR SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF  ALCOHOL
IN  THE  PERSON'S  BLOOD  AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S
BLOOD, BREATH, URINE OR SALIVA, MADE PURSUANT TO SECTION 265.45 OF  THIS
ARTICLE; OR
  (III)  HIS  OR  HER  ABILITY  TO SAFELY POSSESS SUCH FIREARM, RIFLE OR
SHOTGUN IS IMPAIRED BY CONSUMPTION OF ALCOHOL; OR
  (IV) HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR SHOT-
GUN IS IMPAIRED BY USE OF ANY DRUG; OR
  (V) HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR  SHOT-
GUN IS IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY
DRUG OR DRUGS.
  (B) A PERSON MAY BE CONVICTED OF A VIOLATION OF SUBPARAGRAPH (I), (II)
OR  (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, NOTWITHSTANDING THAT THE
CHARGE LAID BEFORE THE COURT ALLEGED A VIOLATION OF SUBPARAGRAPH (I)  OR
(II)  OF PARAGRAPH (A) OF THIS SUBDIVISION, AND REGARDLESS OF WHETHER OR
NOT SUCH CONVICTION IS BASED ON A PLEA OF GUILTY.
  S 4. Paragraphs 3, 4, 5, 7, 7-a, 7-b, 7-e, 8, 9, 9-a, 10, 12,  13  and
13-a of subdivision a of section 265.20 of the  penal law, paragraphs 3,
7-a and 7-b as amended by chapter 210 of the laws of 1999, paragraphs 4,
9  and 10 as amended by chapter 1041 of the laws of 1974, paragraph 5 as
amended by chapter 235 of the laws of 2007, paragraph 7  as  amended  by
chapter 180 of the laws of 1998, paragraph 7-e as amended by chapter 281
of the laws of 2006, paragraph 8 as amended by chapter 61 of the laws of
2010, paragraph 9-a as amended by chapter 608 of the laws of 1984, para-
graph  12  as  added  by chapter 90 of the laws of 1979, paragraph 13 as

A. 5268--A                          3

amended by chapter 150 of the laws of 1988 and paragraph 13-a  as  added
by chapter 370 of the laws of 1986, are amended to read as follows:
  3.  Possession  of  a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or  400.01  of
this  chapter;  provided,  that  such  a  license  shall  not preclude a
conviction for [the] EITHER offense defined in subdivision three OR NINE
of section 265.01 of this article.
  4. Possession of a rifle, shotgun or longbow for  use  while  hunting,
trapping  or  fishing,  by a person, not a citizen of the United States,
carrying a valid license issued pursuant to section 11-0713 of the envi-
ronmental conservation law; PROVIDED THAT SUCH POSSESSION IN  ACCORDANCE
WITH  THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISION
OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION
265.01 OF THIS ARTICLE.
  5. Possession of a rifle or shotgun by a person other  than  a  person
who  has  been  convicted  of  a  class  A-I  felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted as  specified  in  subdivision  four  of  section
265.01  OF  THIS  ARTICLE to whom a certificate of good conduct has been
issued pursuant to section seven hundred three-b of the correction  law;
PROVIDED  THAT  SUCH  POSSESSION IN ACCORDANCE WITH THIS PARAGRAPH SHALL
NOT PRECLUDE THE APPLICATION OF THE PROVISION OF OR A CONVICTION OF  THE
OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE.
  7.  Possession, at an indoor or outdoor shooting range for the purpose
of loading and firing, of a rifle or shotgun, the  propelling  force  of
which  is gunpowder by a person under sixteen years of age but not under
twelve, under the immediate supervision, guidance and instruction of (a)
a duly commissioned officer of the United States army, navy, air  force,
marine  corps  or  coast guard, or of the national guard of the state of
New York; or (b) a duly qualified adult citizen of the United States who
has been granted a certificate as an instructor in small  arms  practice
issued by the United States army, navy, air force or marine corps, or by
the adjutant general of this state, or by the national rifle association
of  America,  a not-for-profit corporation duly organized under the laws
of this state; or (c) a parent, guardian, or a person over  the  age  of
eighteen designated in writing by such parent or guardian who shall have
a certificate of qualification in responsible hunting, including safety,
ethics,  and  landowner relations-hunter relations, issued or honored by
the department of environmental conservation; or (d)  an  agent  of  the
department of environmental conservation appointed to conduct courses in
responsible hunting practices pursuant to article eleven of the environ-
mental  conservation  law;  PROVIDED  THAT SUCH POSSESSION IN ACCORDANCE
WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS
OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION
265.01 OF THIS ARTICLE.
  7-a. Possession and use, at an indoor or outdoor pistol range  located
in  or on premises owned or occupied by a duly incorporated organization
organized for conservation purposes or to foster  proficiency  in  small
arms or at a target pistol shooting competition under the auspices of or
approved  by  the  national rifle association for the purpose of loading
and firing the same, by a person duly licensed to possess  a  pistol  or
revolver  pursuant  to  section  400.00  or  400.01 of this chapter of a
pistol or revolver duly so licensed to another person who is present  at
the  time; PROVIDED THAT SUCH POSSESSION AND USE IN ACCORDANCE WITH THIS
PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS OF  OR  A

A. 5268--A                          4

CONVICTION  OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 265.01
OF THIS ARTICLE.
  7-b.  Possession and use, at an indoor or outdoor pistol range located
in or on premises owned or occupied by a duly incorporated  organization
organized  for  conservation  purposes or to foster proficiency in small
arms or at a target pistol shooting competition under the auspices of or
approved by the national rifle association for the  purpose  of  loading
and  firing  the  same,  by  a  person  who has applied for a license to
possess a pistol or revolver and pre-license possession of same pursuant
to section 400.00 or 400.01 of this chapter, who has not been previously
denied a license, been previously  convicted  of  a  felony  or  serious
offense, and who does not appear to be, or pose a threat to be, a danger
to  himself  or  to others, and who has been approved for possession and
use herein in accordance with section 400.00 or 400.01 of this  chapter;
provided  however, (A) that such possession AND USE shall be of a pistol
or revolver duly licensed to and shall be used  under  the  supervision,
guidance  and  instruction  of, a person specified in paragraph seven of
this subdivision [and provided further that], (B)  such  possession  and
use  be  within  the jurisdiction of the licensing officer with whom the
person has made application therefor or within the jurisdiction  of  the
superintendent  of state police in the case of a retired sworn member of
the division of state police who has made  an  application  pursuant  to
section  400.01  of  this  chapter,  AND  (C) SUCH POSSESSION AND USE IN
ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
OF SECTION 265.01 OF THIS ARTICLE.
  7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
outdoor  pistol  range  located in or on premises owned or occupied by a
duly incorporated organization organized for conservation purposes or to
foster proficiency in small arms or at a target pistol shooting competi-
tion under the auspices of or approved by an association or organization
described in paragraph [7-a] SEVEN-A of this subdivision for the purpose
of loading and firing the same by a person at least  fourteen  years  of
age  but  under  the  age  of  twenty-one  who  has  not been previously
convicted of a felony or serious offense, and who does not appear to be,
or pose a threat to be, a danger to himself OR  HERSELF  or  to  others;
provided  however, that such possession shall be of a pistol or revolver
duly licensed to and shall be  used  under  the  immediate  supervision,
guidance  and  instruction  of, a person specified in paragraph seven of
this subdivision; AND PROVIDED, FURTHER, THAT SUCH POSSESSION AND USE IN
ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
OF SECTION 265.01 OF THIS ARTICLE.
  8. The manufacturer of machine-guns, firearm silencers, assault  weap-
ons,  large  capacity  ammunition feeding devices, disguised guns, pilum
ballistic knives, switchblade or gravity knives, billies  or  blackjacks
as  merchandise,  or  as  a transferee recipient of the same for repair,
lawful distribution or research and development, and  the  disposal  and
shipment thereof direct to a regularly constituted or appointed state or
municipal  police  department,  sheriff,  [policeman]  POLICE OFFICER or
other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
county  jail or other institution for the detention of persons convicted
or accused of crime or held as witnesses in criminal cases,  or  to  the
military  service  of  this  state  or  of the United States; or for the
repair and return of the same to the lawful possessor  or  for  research
and development; PROVIDED THAT STATUS AS A MANUFACTURER, OR DISPOSAL AND

A. 5268--A                          5

SHIPMENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLI-
CATION  OF  THE  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN
SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE.
  9.  The  regular  and  ordinary  transport of firearms as merchandise,
provided that the person transporting such firearms,  where  he  OR  SHE
knows  or  has reasonable means of ascertaining what he OR SHE is trans-
porting, notifies in writing the police commissioner,  police  chief  or
other  law enforcement officer performing such functions at the place of
delivery, of the name and address of the  consignee  and  the  place  of
delivery,  and  withholds  delivery to the consignee for such reasonable
period of time designated in writing by such police commissioner, police
chief or other law enforcement officer as such official may deem  neces-
sary  for investigation as to whether the consignee may lawfully receive
and possess such firearms, PROVIDED, FURTHER,  THAT  SUCH  TRANSPORT  IN
ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
OF SECTION 265.01 OF THIS ARTICLE.
  9-a. a. Except as provided in [subdivision] SUBPARAGRAPH b [hereof] OF
THIS  PARAGRAPH, the regular and ordinary transport of pistols or revol-
vers by a manufacturer of firearms to whom a  license  as  a  dealer  in
firearms  has been issued pursuant to section 400.00 of this chapter, or
by an agent or employee of such manufacturer of firearms who  is  other-
wise duly licensed to carry a pistol or revolver and who is duly author-
ized in writing by such manufacturer of firearms to transport pistols or
revolvers  on the date or dates specified, directly between places where
the manufacturer of firearms regularly conducts business  provided  such
pistols  or  revolvers  are  transported  unloaded,  in  a locked opaque
container, PROVIDED THAT STATUS AS A MANUFACTURER, OR DISPOSAL AND SHIP-
MENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE  THE  APPLICA-
TION  OF  THE  PROVISIONS  OF  OR A CONVICTION OF THE OFFENSE DEFINED IN
SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE.    For  purposes  of
this  [subdivision] PARAGRAPH, places where the manufacturer of firearms
regularly conducts business [includes] INCLUDE, but [is] ARE not limited
to places where the manufacturer of firearms  regularly  or  customarily
conducts  development or design of pistols or revolvers, or regularly or
customarily conducts tests on pistols  or  revolvers,  or  regularly  or
customarily participates in the exposition of firearms to the public.
  b.  The  transportation  of  such pistols or revolvers into, out of or
within the city of New York may be done only with  the  consent  of  the
police commissioner of the city of New York. To obtain such consent, the
manufacturer  must notify the police commissioner in writing of the name
and address of the transporting manufacturer, or agent  or  employee  of
the  manufacturer  who  is authorized in writing by such manufacturer to
transport pistols or revolvers, the number, make and model number of the
firearms to be transported and the place where the manufacturer regular-
ly conducts business within the city of New York and such other informa-
tion as the commissioner may deem necessary. The manufacturer  must  not
transport  such  pistols  and revolvers between the designated places of
business for such reasonable period of time designated in writing by the
police commissioner as such official may  deem  necessary  for  investi-
gation and to give consent. The police commissioner may not unreasonably
withhold his consent.
  10.  Engaging  in  the business of gunsmith or dealer in firearms by a
person to whom a valid license therefor  has  been  issued  pursuant  to
section  400.00 OF THIS CHAPTER, PROVIDED THAT ENGAGING IN SUCH BUSINESS
IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION  OF

A. 5268--A                          6

THE  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION
NINE OF SECTION 265.01 OF THIS ARTICLE.
  12.  Possession of a pistol or revolver by a person who is a member or
coach of an accredited college or university target  pistol  team  while
transporting  the  pistol  or revolver into or through New York state to
participate in a collegiate, olympic or target pistol shooting  competi-
tion  under  the  auspices  of or approved by the national rifle associ-
ation, provided such pistol or revolver is unloaded  and  carried  in  a
locked  carrying  case and the ammunition therefor is carried in a sepa-
rate locked container, PROVIDED, FURTHER THAT SUCH POSSESSION IN ACCORD-
ANCE WITH THIS PARAGRAPH SHALL  NOT  PRECLUDE  THE  APPLICATION  OF  THE
PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
OF SECTION 265.01 OF THIS ARTICLE.
  13.  Possession of pistols and revolvers by a person who is a nonresi-
dent of this state while attending or traveling to or from, an organized
competitive pistol match or league competition  under  auspices  of,  or
approved  by, the National Rifle Association and in which he OR SHE is a
competitor, within forty-eight hours of such event or by a person who is
a non-resident of the state while attending or traveling to or  from  an
organized match sanctioned by the International Handgun Metallic Silhou-
ette  Association  and in which he OR SHE is a competitor, within forty-
eight hours of such event, provided that (A) he  OR  SHE  has  not  been
previously  convicted  of a felony or a crime which, if committed in New
York, would constitute a felony, (B) SUCH POSSESSION IN ACCORDANCE  WITH
THIS  PARAGRAPH  SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS OF
OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION  NINE  OF  SECTION
260.01  OF  THIS ARTICLE, and [further provided] (C) that the pistols or
revolvers are transported unloaded in a locked opaque container together
with a copy of the match program, match schedule or  match  registration
card.  Such  documentation  shall  constitute  prima  facie  evidence of
exemption, [providing] PROVIDED that such person also has in his OR  HER
possession  a  pistol  license  or  firearms registration card issued in
accordance with the laws of his OR HER place of residence. For  purposes
of  this  [subdivision]  PARAGRAPH,  a person licensed in a jurisdiction
which does not authorize such license by a person who has been previous-
ly convicted of a felony shall be presumed to have no prior  conviction.
The  superintendent  of  state  police shall annually review the laws of
jurisdictions within the United States and Canada with  respect  to  the
applicable  requirements  for  licensing or registration of firearms and
shall publish a list of those jurisdictions which prohibit possession of
a firearm by a person previously convicted of a felony or  crimes  which
if committed in New York state would constitute a felony.
  13-a.  Except in cities not wholly contained within a single county of
the state, possession of pistols and revolvers by  a  person  who  is  a
nonresident  of  this  state while attending or traveling to or from, an
organized convention or exhibition for the display of or education about
firearms, which is conducted under auspices  of,  or  approved  by,  the
National  Rifle  Association  and  in  which  he  OR SHE is a registered
participant, within forty-eight hours of such event, provided  that  (A)
he  OR  SHE  has  not  been  previously convicted of a felony or a crime
which, if committed in New York, would constitute  a  felony,  (B)  SUCH
POSSESSION  IN  ACCORDANCE  WITH  THIS  PARAGRAPH SHALL NOT PRECLUDE THE
APPLICATION OF THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE  DEFINED
IN  SUBDIVISION  NINE  OF  SECTION  265.01 OF THIS ARTICLE, and [further
provided that] (C) the pistols or revolvers are transported unloaded  in
a  locked  opaque  container  together  with a copy of the convention or

A. 5268--A                          7

exhibition program, convention or exhibition schedule or  convention  or
exhibition registration card.  Such documentation shall constitute prima
facie  evidence of exemption, [providing] PROVIDED that such person also
has  in  his OR HER possession a pistol license or firearms registration
card issued in accordance with the laws of his OR  HER  place  of  resi-
dence.  For purposes of this paragraph, a person licensed in a jurisdic-
tion which does not authorize such license by  a  person  who  has  been
previously  convicted  of  a  felony  shall be presumed to have no prior
conviction. The superintendent of state police shall annually review the
laws of jurisdictions within the United States and Canada  with  respect
to the applicable requirements for licensing or registration of firearms
and   shall  publish  a  list  of  those  jurisdictions  which  prohibit
possession of a firearm by a person previously convicted of a felony  or
crimes which if committed in New York state would constitute a felony.
  S  5.  The  penal law is amended by adding two new sections 265.45 and
265.50 to read as follows:
S 265.45 TESTING.
  1. FIELD TESTING. EVERY PERSON WHO POSSESSES A FIREARM, RIFLE OR SHOT-
GUN WHICH HAS BEEN BRANDISHED, DISPLAYED OUTSIDE A  HOLSTER,  DISCHARGED
OR  OTHERWISE  USED  (OTHER  THAN  IN THE PERSON'S HOME, AT AN INDOOR OR
OUTDOOR SHOOTING RANGE, OR IN AN AREA WHERE HUNTING  IS  PERMITTED  WITH
THE WEAPON), OR WHICH IS POSSESSED, DISPLAYED OR DISCHARGED IN VIOLATION
OF ANY PROVISION OF THIS CHAPTER SHALL, AT THE REQUEST OF A POLICE OFFI-
CER,  SUBMIT  TO A BREATH TEST TO BE ADMINISTERED BY THE POLICE OFFICER,
UNLESS SUCH PERSON DEMONSTRATES TO SUCH  POLICE  OFFICER'S  SATISFACTION
THAT  HE  OR SHE IS NOT SUBJECT TO THE PROVISIONS OF SUBDIVISION NINE OF
SECTION 265.01 OF THIS ARTICLE. IF SUCH TEST INDICATES THAT SUCH POSSES-
SOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST SUCH  POSSESSOR
TO  SUBMIT TO A CHEMICAL TEST IN THE MANNER SET FORTH IN SUBDIVISION TWO
OF THIS SECTION.
  2. CHEMICAL TESTS. (A) WHEN AUTHORIZED. ANY  PERSON  WHO  POSSESSES  A
FIREARM,  RIFLE  OR  SHOTGUN  IN THIS STATE, OTHER THAN IN SUCH PERSON'S
HOME, SHALL BE DEEMED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OF ONE OR
MORE OF THE FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA, FOR THE  PURPOSE
OF  DETERMINING  THE ALCOHOLIC AND/OR DRUG CONTENT OF THE BLOOD PROVIDED
THAT SUCH TEST IS ADMINISTERED BY OR AT THE DIRECTION OF A POLICE  OFFI-
CER  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  OFFI-
CER:
  (1)  HAVING  REASONABLE  GROUNDS  TO  BELIEVE  SUCH PERSON POSSESSED A
FIREARM, RIFE OR SHOTGUN IN VIOLATION OF  SUBDIVISION  NINE  OF  SECTION
265.01  OF  THIS ARTICLE AND WITHIN TWO HOURS AFTER SUCH PERSON HAS BEEN
PLACED UNDER ARREST FOR ANY SUCH VIOLATION; OR
  (2) WITHIN TWO HOURS AFTER A BREATH TEST, AS PROVIDED  IN  SUBDIVISION
ONE  OF  THIS  SECTION, INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS  ESTABLISHED  BY
THE LAW ENFORCEMENT AGENCY OF WHICH THE OFFICER IS A MEMBER.
  FOR  THE  PURPOSES  OF THIS PARAGRAPH, "REASONABLE GROUNDS" TO BELIEVE
THAT A PERSON POSSESSED A FIREARM, RIFLE  OR  SHOTGUN  IN  VIOLATION  OF
SUBDIVISION  NINE  OF SECTION 265.01 OF THIS ARTICLE SHALL BE DETERMINED
BY VIEWING THE TOTALITY OF CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH,
WHEN TAKEN TOGETHER, INDICATE THAT THE POSSESSION VIOLATED SUCH SUBDIVI-
SION.  SUCH CIRCUMSTANCES MAY INCLUDE ANY VISIBLE  OR  BEHAVIORAL  INDI-
CATION  OF  ALCOHOL OR DRUG CONSUMPTION BY SUCH PERSON, THE EXISTENCE OF
AN OPEN CONTAINER CONTAINING OR HAVING CONTAINED AN  ALCOHOLIC  BEVERAGE
IN  OR  AROUND  THE  VICINITY  OF  SUCH  PERSON,  OR  ANY OTHER EVIDENCE

A. 5268--A                          8

SURROUNDING THE CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES  THAT  THE
PERSON  WAS  IN  POSSESSION  OF A FIREARM, RIFLE OR SHOTGUN AFTER HAVING
CONSUMED ALCOHOL OR DRUGS AT THE TIME OF THE INCIDENT.
  (B)  REPORT  OF  REFUSAL.  (1)  IF: (A) SUCH PERSON HAVING BEEN PLACED
UNDER ARREST; OR (B) AFTER A BREATH TEST INDICATES THE PRESENCE OF ALCO-
HOL IN THE PERSON'S  SYSTEM;  AND  THE  PERSON  HAVING  THEREAFTER  BEEN
REQUESTED  TO SUBMIT TO SUCH CHEMICAL TEST AND HAVING BEEN INFORMED THAT
ANY LICENSE HELD BY SUCH PERSON TO POSSESS A FIREARM, RIFLE  OR  SHOTGUN
SHALL  BE  SUBJECT  TO SUSPENSION OR REVOCATION FOR REFUSAL TO SUBMIT TO
SUCH TEST WHETHER OR NOT THE PERSON IS FOUND GUILTY OF  THE  CHARGE  FOR
WHICH  SUCH  PERSON IS ARRESTED OR DETAINED, THEN IF SUCH PERSON REFUSES
TO SUBMIT TO SUCH CHEMICAL TEST OR ANY PORTION THEREOF, UNLESS  A  COURT
ORDER  HAS  BEEN  GRANTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
THE TEST SHALL NOT BE GIVEN AND A WRITTEN REPORT OF SUCH  REFUSAL  SHALL
BE  IMMEDIATELY  MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL WAS
MADE. SUCH REPORT MAY BE VERIFIED BY HAVING THE REPORT SWORN TO,  OR  BY
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.
  (2)  THE  REPORT  OF  THE  POLICE  OFFICER  SHALL SET FORTH REASONABLE
GROUNDS TO BELIEVE SUCH ARRESTED PERSON HAD POSSESSED A  FIREARM,  RIFLE
OR  SHOTGUN  IN  VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS
ARTICLE, THAT SAID PERSON HAD REFUSED TO SUBMIT TO SUCH  CHEMICAL  TEST,
AND  THAT NO CHEMICAL TEST WAS ADMINISTERED PURSUANT TO THE REQUIREMENTS
OF SUBDIVISION THREE OF THIS SECTION. THE REPORT SHALL BE  PRESENTED  TO
THE COURT UPON ARRAIGNMENT OF AN ARRESTED PERSON, AND SHALL BE TRANSMIT-
TED  BY  SUCH  COURT  TO  THE  APPROPRIATE  LICENSING  AUTHORITY  WITHIN
FORTY-EIGHT HOURS OF THE ARRAIGNMENT.  SUCH  TRANSMITTAL  SHALL  NOT  BE
WAIVED EVEN WITH THE CONSENT OF ALL PARTIES.
  (3) THE LICENSE MAY BE TEMPORARILY SUSPENDED BY SUCH LICENSING AUTHOR-
ITY PENDING THE DETERMINATION OF A HEARING, IN ACCORDANCE WITH THE RULES
AND  PROCEDURES  OF  SUCH  AUTHORITY, FOR REFUSAL TO SUBMIT TO A TEST IN
EITHER THE CIRCUMSTANCES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION OR
THE CIRCUMSTANCES DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.   ANY
SUCH  REFUSAL  MAY,  AFTER  SUCH  HEARING  OR IF UNCONTESTED, CONSTITUTE
GROUNDS FOR CONTINUED  SUSPENSION  OR  REVOCATION  OF  SUCH  LICENSE  IN
ACCORDANCE WITH SUCH RULES AND PROCEDURES.
  (4) NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT THE DISCRETION
OF  ANY LICENSING AUTHORITY OR THE DISCRETION OF ANY JUDGE OR JUSTICE OF
A COURT OF RECORD UNDER SUBDIVISION ELEVEN OF  SECTION  400.00  OF  THIS
CHAPTER  TO  SUSPEND OR REVOKE A LICENSE BECAUSE OF AN ALLEGED VIOLATION
OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, OR FOR ANY  OTHER
REASON OTHER THAN REFUSAL TO SUBMIT TO A TEST AS REQUIRED BY THIS SUBDI-
VISION OR SUBDIVISION ONE OF THIS SECTION.
  (C)  REGULATIONS.  A LICENSING AUTHORITY OR LAW ENFORCEMENT AGENCY MAY
PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO  EFFECTUATE
THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION ONE OF THIS SECTION.
  (D) EVIDENCE. EVIDENCE OF A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST OR
ANY  PORTION  THEREOF  SHALL  BE  ADMISSIBLE IN ANY TRIAL, PROCEEDING OR
HEARING BASED UPON AN ALLEGED VIOLATION OF THE PROVISIONS OF SUBDIVISION
NINE OF SECTION 265.01 OF THIS ARTICLE BUT ONLY UPON A SHOWING THAT  THE
PERSON  WAS GIVEN SUFFICIENT WARNING, IN CLEAR AND UNEQUIVOCAL LANGUAGE,
OF THE EFFECT OF SUCH REFUSAL AND  THAT  THE  PERSON  PERSISTED  IN  THE
REFUSAL.  SUCH  SHOWING  SHALL  BE SATISFIED BY SUBMISSION OF A VERIFIED
REPORT OF REFUSAL AS PROVIDED IN SUBPARAGRAPH ONE OF  PARAGRAPH  (B)  OF

A. 5268--A                          9

SUBDIVISION  TWO OF THIS SECTION CONTAINING A STATEMENT THAT SUCH PERSON
WAS INFORMED THAT HIS OR HER LICENSE SHALL BE SUBJECT TO  SUSPENSION  OR
REVOCATION  WHETHER  OR NOT THE PERSON IS FOUND GUILTY OF THE CHARGE FOR
WHICH  SUCH  PERSON  IS  ARRESTED  OR DETAINED IF SUCH PERSON REFUSES TO
SUBMIT TO SUCH TEST.
  (E) RESULTS. UPON THE REQUEST  OF  THE  PERSON  WHO  WAS  TESTED,  THE
RESULTS OF SUCH TEST SHALL BE MADE AVAILABLE TO SUCH PERSON.
  3.  COMPULSORY  CHEMICAL  TESTS.  (A)  COURT  ORDERED  CHEMICAL TESTS.
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF  THIS  SECTION,  NO
PERSON  SUBJECT  TO THE PROVISIONS OF SUBDIVISION NINE OF SECTION 265.01
OF THIS ARTICLE WHO POSSESSES A FIREARM, RIFLE OR SHOTGUN (OTHER THAN IN
THE PERSON'S HOME, AT AN INDOOR OR OUTDOOR SHOOTING RANGE,  OR  AN  AREA
WHERE  HUNTING  IS  PERMITTED WITH THE WEAPON) MAY REFUSE TO SUBMIT TO A
CHEMICAL TEST OF ONE OR MORE OF THE FOLLOWING: BREATH, BLOOD,  URINE  OR
SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT
OF  THE  BLOOD WHEN A COURT ORDER FOR SUCH CHEMICAL TEST HAS BEEN ISSUED
IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
  (B) WHEN AUTHORIZED. UPON REFUSAL BY ANY PERSON TO SUBMIT TO A  CHEMI-
CAL  TEST  OR  ANY PORTION THEREOF AS DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION, THE TEST SHALL NOT BE GIVEN UNLESS A POLICE  OFFICER  OR  A
DISTRICT  ATTORNEY, AS DEFINED IN SUBDIVISION THIRTY-TWO OF SECTION 1.20
OF THE CRIMINAL PROCEDURE LAW, REQUESTS AND OBTAINS  A  COURT  ORDER  TO
COMPEL  A PERSON TO SUBMIT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC
OR DRUG CONTENT OF THE PERSON'S BLOOD UPON A FINDING OF REASONABLE CAUSE
TO BELIEVE THAT:
  (1) SUCH PERSON POSSESSED A  FIREARM,  RIFLE  OR  SHOTGUN  WITH  WHICH
ANOTHER PERSON WAS KILLED OR SUFFERED PHYSICAL INJURY; AND
  (2)  (A) EITHER SUCH PERSON POSSESSED THE FIREARM, RIFLE OR SHOTGUN IN
VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, OR
  (B) A BREATH TEST ADMINISTERED BY A POLICE OFFICER IN ACCORDANCE  WITH
SUBDIVISION ONE OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED
BY SUCH PERSON; AND
  (3) SUCH PERSON HAS BEEN PLACED UNDER LAWFUL ARREST; AND
  (4)  SUCH  PERSON  HAS  REFUSED  TO  SUBMIT  TO A CHEMICAL TEST OR ANY
PORTION THEREOF, REQUESTED IN ACCORDANCE WITH THE  PROVISIONS  OF  PARA-
GRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS  SECTION OR IS UNABLE TO GIVE
CONSENT TO SUCH A TEST.
  (C) REASONABLE CAUSE; DEFINITION. FOR THE PURPOSE OF THIS  SUBDIVISION
"REASONABLE  CAUSE"  SHALL  BE  DETERMINED  BY  VIEWING  THE TOTALITY OF
CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH, WHEN TAKEN TOGETHER, INDI-
CATE THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOTGUN IN  VIOLATION
OF  SUBDIVISION  NINE  OF  SECTION  265.01 OF THIS ARTICLE. SUCH CIRCUM-
STANCES MAY INCLUDE, BUT ARE NOT LIMITED TO: EVIDENCE THAT  SUCH  PERSON
WAS  BRANDISHING  OR USING THE FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF
ANY PROVISION OF THIS CHAPTER OR COMMITTING ANY OTHER CRIME AT THE  TIME
OF  THE  INCIDENT; ANY VISIBLE INDICATION OF ALCOHOL OR DRUG CONSUMPTION
OR IMPAIRMENT BY  SUCH  PERSON;  THE  EXISTENCE  OF  AN  OPEN  CONTAINER
CONTAINING  AN  ALCOHOLIC  BEVERAGE  IN  OR  AROUND THE VICINITY OF SUCH
PERSON; OR ANY OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCI-
DENT WHICH INDICATES THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOT-
GUN WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXI-
CATED AT THE TIME OF THE INCIDENT.
  (D) COURT ORDER; PROCEDURE. (1) AN APPLICATION FOR A  COURT  ORDER  TO
COMPEL SUBMISSION TO A CHEMICAL TEST OR ANY PORTION THEREOF, MAY BE MADE
TO ANY SUPREME COURT JUSTICE, COUNTY COURT JUDGE OR DISTRICT COURT JUDGE
IN THE JUDICIAL DISTRICT IN WHICH THE INCIDENT OCCURRED, OR IF THE INCI-

A. 5268--A                         10

DENT  OCCURRED  IN THE CITY OF NEW YORK BEFORE ANY SUPREME COURT JUSTICE
OR JUDGE OF THE CRIMINAL COURT OF THE CITY OF NEW YORK.   SUCH  APPLICA-
TION MAY BE COMMUNICATED BY TELEPHONE, RADIO OR OTHER MEANS OF ELECTRON-
IC COMMUNICATION, OR IN PERSON.
  (2)  THE  APPLICANT  MUST PROVIDE IDENTIFICATION BY NAME AND TITLE AND
MUST STATE THE PURPOSE OF THE COMMUNICATION. UPON BEING ADVISED THAT  AN
APPLICATION FOR A COURT ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST IS
BEING MADE, THE COURT SHALL PLACE UNDER OATH THE APPLICANT AND ANY OTHER
PERSON  PROVIDING  INFORMATION IN SUPPORT OF THE APPLICATION AS PROVIDED
IN SUBPARAGRAPH THREE OF THIS PARAGRAPH. AFTER BEING SWORN THE APPLICANT
MUST STATE THAT THE PERSON FROM WHOM THE  CHEMICAL  TEST  WAS  REQUESTED
POSSESSED  A  FIREARM,  RIFLE  OR  SHOTGUN WITH WHICH ANOTHER PERSON WAS
KILLED OR PHYSICALLY INJURED AND, BASED UPON  THE  TOTALITY  OF  CIRCUM-
STANCES, THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON POSSESSED
A  FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF SUBDIVISION NINE OF SECTION
265.01 OF THIS ARTICLE OR A BREATH TEST INDICATED THAT ALCOHOL HAD  BEEN
CONSUMED BY SUCH PERSON AND, AFTER BEING PLACED UNDER LAWFUL ARREST SUCH
PERSON  REFUSED  TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION THEREOF, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION  OR  IS  UNABLE  TO  GIVE
CONSENT  TO  SUCH A TEST OR ANY PORTION THEREOF. THE APPLICANT MUST MAKE
SPECIFIC ALLEGATIONS OF FACT TO SUPPORT SUCH STATEMENT. ANY OTHER PERSON
PROPERLY IDENTIFIED, MAY PRESENT SWORN ALLEGATIONS OF FACT IN SUPPORT OF
THE APPLICANT'S STATEMENT.
  (3) UPON BEING ADVISED THAT AN ORAL APPLICATION FOR A COURT  ORDER  TO
COMPEL  A  PERSON TO SUBMIT TO A CHEMICAL TEST IS BEING MADE, A JUDGE OR
JUSTICE SHALL PLACE UNDER  OATH  THE  APPLICANT  AND  ANY  OTHER  PERSON
PROVIDING  INFORMATION IN SUPPORT OF THE APPLICATION. SUCH OATH OR OATHS
AND ALL OF THE REMAINING COMMUNICATION MUST BE RECORDED, EITHER BY MEANS
OF A VOICE RECORDING DEVICE OR VERBATIM STENOGRAPHIC OR  VERBATIM  LONG-
HAND NOTES. IF A VOICE RECORDING DEVICE IS USED OR A STENOGRAPHIC RECORD
MADE, THE JUDGE MUST HAVE THE RECORD TRANSCRIBED, CERTIFY TO THE ACCURA-
CY  OF  THE TRANSCRIPTION AND FILE THE ORIGINAL RECORD AND TRANSCRIPTION
WITH THE COURT WITHIN SEVENTY-TWO HOURS OF THE  ISSUANCE  OF  THE  COURT
ORDER. IF LONGHAND NOTES ARE TAKEN, THE JUDGE SHALL SUBSCRIBE A COPY AND
FILE  IT  WITH THE COURT WITHIN TWENTY-FOUR HOURS OF THE ISSUANCE OF THE
ORDER.
  (4) IF THE COURT IS SATISFIED THAT THE REQUIREMENTS FOR  THE  ISSUANCE
OF  A  COURT  ORDER  PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION HAVE BEEN MET, IT MAY GRANT THE  APPLICATION  AND  ISSUE  AN
ORDER  REQUIRING  THE  ACCUSED TO SUBMIT TO A CHEMICAL TEST TO DETERMINE
THE ALCOHOLIC AND/OR DRUG CONTENT OF HIS OR HER BLOOD AND  ORDERING  THE
WITHDRAWAL  OF A BLOOD SAMPLE IN ACCORDANCE WITH THE PROVISIONS OF PARA-
GRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION. WHEN A JUDGE  OR  JUSTICE
DETERMINES  TO  ISSUE  AN  ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST
BASED ON AN ORAL APPLICATION, THE APPLICANT THEREFOR SHALL  PREPARE  THE
ORDER  IN  ACCORDANCE WITH THE INSTRUCTIONS OF THE JUDGE OR JUSTICE.  IN
ALL CASES THE ORDER SHALL INCLUDE THE  NAME  OF  THE  ISSUING  JUDGE  OR
JUSTICE, THE NAME OF THE APPLICANT, AND THE DATE AND TIME IT WAS ISSUED.
IT MUST BE SIGNED BY THE JUDGE OR JUSTICE IF ISSUED IN PERSON, OR BY THE
APPLICANT IF ISSUED ORALLY.
  (5) ANY FALSE STATEMENT BY AN APPLICANT OR ANY OTHER PERSON IN SUPPORT
OF  AN  APPLICATION  FOR  A COURT ORDER SHALL SUBJECT SUCH PERSON TO THE
OFFENSES FOR PERJURY SET FORTH IN ARTICLE TWO HUNDRED TEN OF THIS  CHAP-
TER.
  (6)  THE  CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH A SCHEDULE
TO PROVIDE THAT A SUFFICIENT NUMBER OF JUDGES OR JUSTICES WILL BE AVAIL-

A. 5268--A                         11

ABLE IN EACH JUDICIAL DISTRICT  TO  HEAR  ORAL  APPLICATIONS  FOR  COURT
ORDERS AS PERMITTED BY THIS SECTION.
  (E) ADMINISTRATION OF COMPULSORY CHEMICAL TEST. AN ORDER ISSUED PURSU-
ANT  TO THE PROVISIONS OF THIS SUBDIVISION SHALL REQUIRE THAT A CHEMICAL
TEST TO DETERMINE THE ALCOHOLIC AND/OR DRUG CONTENT OF  THE  POSSESSOR'S
BLOOD  MUST  BE  ADMINISTERED. THE PROVISIONS OF PARAGRAPHS (A), (B) AND
(C) OF SUBDIVISION FOUR OF THIS SECTION SHALL BE APPLICABLE TO ANY CHEM-
ICAL TEST ADMINISTERED PURSUANT TO THIS SECTION.
  4. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
NITY; TESTIMONY.  (1) AT THE REQUEST OF A POLICE OFFICER, THE  FOLLOWING
PERSONS  MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
AND/OR DRUG CONTENT THEREIN: (A) A PHYSICIAN, A REGISTERED  PROFESSIONAL
NURSE  OR A REGISTERED PHYSICIAN ASSISTANT; OR (B) UNDER THE SUPERVISION
AND AT THE DIRECTION OF A PHYSICIAN: A MEDICAL LABORATORY TECHNICIAN  OR
MEDICAL  TECHNOLOGIST AS CLASSIFIED BY CIVIL SERVICE; A PHLEBOTOMIST; AN
ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPARTMENT  OF
HEALTH;  OR  A  MEDICAL  LABORATORY  TECHNICIAN  OR MEDICAL TECHNOLOGIST
EMPLOYED BY A CLINICAL LABORATORY APPROVED UNDER TITLE FIVE  OF  ARTICLE
FIVE  OF  THE  PUBLIC HEALTH LAW. THIS LIMITATION SHALL NOT APPLY TO THE
TAKING OF A URINE, SALIVA OR BREATH SPECIMEN.
  (2) NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH  ONE
OF  THIS  PARAGRAPH  OR  HOSPITAL  EMPLOYING  SUCH  PERSON, AND NO OTHER
EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
OMITTED IN THE COURSE OF WITHDRAWING BLOOD AT THE REQUEST  OF  A  POLICE
OFFICER PURSUANT TO THIS SECTION.
  (3)  ANY  PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM THE WITH-
DRAWAL OF BLOOD AS AFORESAID, FOR WHICH  NO  PERSONAL  LIABILITY  EXISTS
UNDER  SUBPARAGRAPH  TWO  OF  THIS  PARAGRAPH,  MAY MAINTAIN SUCH ACTION
AGAINST THE STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD  PURSUANT  TO
THIS  PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY THE
STATE, OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE  IF
SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
TICAL  SUBDIVISION  OF THE STATE. NO ACTION SHALL BE MAINTAINED PURSUANT
TO THIS SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR  SERVED  IN
COMPLIANCE WITH LAW.
  (4)  NOTWITHSTANDING  THE  FOREGOING  PROVISIONS  OF THIS PARAGRAPH AN
ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVISION THEREOF
AGAINST A PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON  FOR  WHOSE  ACT  OR
OMISSION  THE  STATE  OR  THE POLITICAL SUBDIVISION HAS BEEN HELD LIABLE
UNDER THIS PARAGRAPH  TO  RECOVER  DAMAGES,  NOT  EXCEEDING  THE  AMOUNT
AWARDED  TO  THE  CLAIMANT, THAT MAY HAVE BEEN SUSTAINED BY THE STATE OR
THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD FAITH  ON
THE PART OF SUCH PERSON.
  (5)  THE  TESTIMONY  OF ANY PERSON OTHER THAN A PHYSICIAN, ENTITLED TO
WITHDRAW BLOOD PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH,  IN
RESPECT  TO  ANY  SUCH  WITHDRAWAL  OF  BLOOD MADE BY SUCH PERSON MAY BE
RECEIVED IN EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS  IF  SUCH
WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
  (6)  THE PROVISIONS OF SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS PARA-
GRAPH SHALL ALSO APPLY WITH REGARD TO ANY PERSON EMPLOYED BY A  HOSPITAL
AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE OF WITH-
DRAWING  BLOOD  AT  THE  REQUEST OF A POLICE OFFICER PURSUANT TO A COURT
ORDER IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.

A. 5268--A                         12

  (B) RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED  TO
CHOOSE  A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE ONE
ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
  (C)  RULES  AND  REGULATIONS.  THE RULES AND REGULATIONS ISSUED BY THE
DEPARTMENT OF HEALTH PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION  FOUR  OF
SECTION  ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW SHALL
ALSO APPLY TO ANALYSES UNDER THIS SECTION. IF THE ANALYSES WERE MADE  BY
AN  INDIVIDUAL  POSSESSING  A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH,
THIS SHALL BE PRESUMPTIVE EVIDENCE THAT  THE  EXAMINATION  WAS  PROPERLY
GIVEN. THE PROVISIONS OF THIS PARAGRAPH DO NOT PROHIBIT THE INTRODUCTION
AS  EVIDENCE  OF  AN  ANALYSIS MADE BY AN INDIVIDUAL OTHER THAN A PERSON
POSSESSING A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH.
  5. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  (A) "LICENSE" MEANS AND INCLUDES LICENSES ISSUED PURSUANT  TO  SECTION
400.00 OF THIS CHAPTER, AND ANY PERMIT ISSUED BY A COUNTY, CITY, TOWN OR
VILLAGE  PURSUANT  TO A LOCAL LAW, CODE OR ORDINANCE WHICH RESTRICTS THE
POSSESSION AND PURCHASE OF RIFLES AND SHOTGUNS.
  (B) "LICENSING AUTHORITY" MEANS THE LICENSING OFFICER OR AGENCY  WHICH
ISSUES A LICENSE.
S 265.50 CHEMICAL TEST EVIDENCE.
  1.  ADMISSIBILITY.  UPON THE TRIAL OF ANY ACTION OR PROCEEDING ARISING
OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY PERSON ARRESTED FOR
A VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS  ARTICLE,  THE
COURT  SHALL  ADMIT  EVIDENCE  OF  THE AMOUNT OF ALCOHOL OR DRUGS IN THE
DEFENDANT'S BLOOD AS SHOWN  BY  A  TEST  ADMINISTERED  PURSUANT  TO  THE
PROVISIONS OF SECTION 265.45 OF THIS ARTICLE.
  2. PROBATIVE VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF
BLOOD-ALCOHOL CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON ARRESTED
FOR VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE:
  (A) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
ABILITY OF SUCH PERSON TO SAFELY POSSESS A FIREARM, RIFLE OR SHOTGUN WAS
NOT IMPAIRED BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT
IN AN INTOXICATED CONDITION;
  (B) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM  BUT  LESS
THAN  .07  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE, BUT  SHALL  NOT
BE  GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH
PERSON TO SAFELY POSSESS A FIREARM, RIFLE OR SHOTGUN WAS IMPAIRED BY THE
CONSUMPTION OF ALCOHOL; AND
  (C) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM  OR  MORE  BUT  LESS
THAN  .08  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
MINING WHETHER THE ABILITY OF SUCH PERSON TO SAFELY POSSESS  A  FIREARM,
RIFLE OR SHOTGUN WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
  3.  SUPPRESSION.  A  DEFENDANT  WHO  HAS BEEN COMPELLED TO SUBMIT TO A
CHEMICAL TEST PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
265.45 OF THIS ARTICLE MAY MOVE FOR THE SUPPRESSION OF SUCH EVIDENCE  IN
ACCORDANCE  WITH ARTICLE SEVEN HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW
ON THE GROUNDS THAT THE ORDER WAS OBTAINED AND THE TEST ADMINISTERED  IN
VIOLATION  OF THE PROVISIONS OF SUCH SUBDIVISION OR ANY OTHER APPLICABLE
LAW.
  S 6. 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:

A. 5268--A                         13

  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
SUBDIVISION TWO OF SECTION 265.45 OF THIS CHAPTER, section 530.14 of the
criminal procedure law or section eight hundred forty-two-a of the fami-
ly  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  with-
out  unnecessary  delay  to  the executive department, division of state
police, Albany, and shall also notify immediately the  duly  constituted
police authorities of the locality.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that any actions, includ-
ing but not limited to the promulgation of rules and regulations, neces-
sary  to  implement the provisions of this act on its effective date are
authorized and directed to be made and completed on or before such date.