S T A T E   O F   N E W   Y O R K
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                                  3587

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 possession of  a  firearm,
  rifle or shotgun while under the influence of alcohol or drugs; and to
  repeal  subdivision 3 of section 265.01 of such law relating to crimi-
  nal possession of a weapon in the fourth degree

  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 25 to read as follows:
  25.  "DRUG"  MEANS  ANY  CONTROLLED  SUBSTANCE   LISTED   IN   SECTION
THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.
  S  4.  Subdivisions 2, 4, 5, 6, 7 and 8 of section 265.01 of the penal
law, as amended by chapter 1 of the laws of 2013, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD03919-02-3

S. 3587                             2

  (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 265.50 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  5. Paragraphs 3, 4, 5, 7, 7-a, 7-b, 7-e, 7-f, 8, 9, 9-a, 10, 12, 13
and 13-a of subdivision a of section 265.20 of the  penal law, paragraph
3 as amended and paragraph 7-f as added by chapter  1  of  the  laws  of
2013,  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,  para-
graph  7  as  amended by chapter 180 of the laws of 1998, paragraphs 7-a
and 7-b as amended by chapter 210 of the laws of 1999, 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, paragraph 12 as added by chapter 90 of the laws of
1979, paragraph 13 as 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 or possession of a weapon as defined in  paragraph  (e)  or
(f) of subdivision twenty-two of section 265.00 of this article which is
registered pursuant to paragraph (a) of subdivision sixteen-a of section

S. 3587                             3

400.00  of  this  chapter  or  is  included on an amended license issued
pursuant to section 400.00 of this chapter. In the event such license is
revoked, other than because such licensee  is  no  longer  permitted  to
possess a firearm, rifle or shotgun under federal or state law, informa-
tion  sufficient to satisfy the requirements of subdivision sixteen-a of
section 400.00 of this chapter, shall be transmitted  by  the  licensing
officer  to the state police, in a form as determined by the superinten-
dent of state police. Such transmission shall constitute a valid  regis-
tration  under such section. Further provided, notwithstanding any other
section of this title, a failure to register such weapon by an  individ-
ual who possesses such weapon before the enactment of the chapter of the
laws  of  two  thousand thirteen which amended this paragraph and may so
lawfully possess it thereafter upon registration, shall only be  subject
to  punishment  pursuant  to  paragraph  (c) of subdivision sixteen-a of
section 400.00 of this chapter; provided, that such a license or  regis-
tration  shall not preclude a conviction for [the] AN offense defined in
subdivision three OR NINE of section 265.01 of this article  or  section
265.01-a 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.

S. 3587                             4

  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
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.
  7-f.  Possession  and  use  of a magazine, belt, feed strip or similar
device, that contains more than seven rounds  of  ammunition,  but  that
does  not  have a capacity of or can readily be restored or converted to

S. 3587                             5

accept more than ten rounds of  ammunition,  at  an  indoor  or  outdoor
firing  range  located  in  or  on  premises owned or occupied by a duly
incorporated organization organized  for  conservation  purposes  or  to
foster proficiency in arms; at an indoor or outdoor firing range for the
purpose of firing a rifle or shotgun; at a collegiate, olympic or target
shooting  competition  under the auspices of or approved by the national
rifle association; or at an organized match sanctioned by  the  Interna-
tional  Handgun  Metallic  Silhouette  Association;  PROVIDED  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
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

S. 3587                             6

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
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

S. 3587                             7

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
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  6.  The  penal law is amended by adding two new sections 265.50 and
265.55 to read as follows:
S 265.50 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

S. 3587                             8

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
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

S. 3587                             9

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
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

S. 3587                            10

  (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-
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

S. 3587                            11

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-
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-

S. 3587                            12

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.
  (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 265.55 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 265.50 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;

S. 3587                            13

  (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
265.50 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 7. Paragraph (a) of 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:
  (a) The conviction of a licensee  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 SUBDIVISION TWO
OF SECTION 265.50 OF THIS CHAPTER, section 530.14 of the criminal proce-
dure law or section 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 offi-
cer, 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.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided however, that if sections 40 and 46
of chapter 1 of the laws of 2013 shall not have  taken  effect  by  such
effective  date,  then  sections  four  and  five of this act shall take
effect on the same date and in the same manner as such sections of  such
chapter  of  the  laws  of  2013,  respectively,  take  effect; provided
further, that the amendments to section 400.00 of the penal law made  by
section  seven of this act shall take effect on the same date and in the
same manner as section 48 of such chapter of the  laws  of  2013,  takes
effect; provided further, that any actions, including but not limited to
the  promulgation  of  rules and regulations, necessary 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.