NY State Senate Bill 2015-S3455

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Feb 09, 2015	referred to codes

2015-S3455 (ACTIVE) - Details

See Assembly Version of this Bill:: A4697
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10036
2011-2012: A3622
2013-2014: S4784, A2092
2017-2018: S8475, A3729
2019-2020: S4202, A4816

2015-S3455 (ACTIVE) - Summary

Prohibits the manufacture, transport, shipment or possession of an undetectable knife.

2015-S3455 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3455

TITLE OF BILL:  An act to amend the penal law, in relation to
prohibiting the manufacture, transport or shipment of undetectable
knives and prohibiting the possession of such knives

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the manufacture, transportation, shipment and possession
of undetectable knives as defined.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 265.00 of the penal law to add a new subdivision
5-d defining "undetectable knife."

Section 2 amends § 265.01, subdivision (2) of the penal law to read
that any person who possesses an undetectable knife with the intent to
use unlawfully against another will be charged with a class A
misdemeanor.

Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law,
making the manufacture, transportation or shipment of an undetectable
knife a class A misdemeanor.

JUSTIFICATION:

The original intent for the manufacture and sale of undetectable
knives was based on their advantageous use for the police and military
during covert operations. However, the general public has access to
the purchase of these weapons through online weapons distributors,
print catalogues, and other weapons outlets.

These weapons are strong enough to penetrate steel drums, car doors,
wood planks, etc. without damage to the knife. These weapons are also
serrated and can be sharpened with standard sharpening devices used
for metal knives. It is equally troubling that they are advertised as
being non-magnetic and can escape detection. In one instance, an
undetectable knife was used in a Compton, California courtroom, where
a defendant smuggled a ten inch non-metallic knife past metal
detectors and stabbed two bailiffs.

These weapons present a severe security risk to any building that
utilizes a metal detector for the prevention of violence or possible
terrorist gets. The proliferation of these knives in our society and
those who seek to inflict harm in areas where security is closely
monitored. We know how the possession of a seemingly innocuous tool
was used to hijack three planes and take thousands of lives. We must
learn from prior complacency and assume the role of a legislative body
that acts before a scheme targeting innocents materializes into
reality.

This bill would allow members of the military, police officers and
other persons exempted the possession, transportation or shipment
provisions in 265.01 and § 265.10 of the penal law, to retain or
obtain this weapon for official use, The statutory authority for this
exemption derives from § 265,20 of the panel law.  This legislation is


modeled after a provision in California's "Dangerous Weapons Control
Law."

PRIOR LEGISLATIVE HISTORY:

2013-14 - died in Codes; P-Assembly.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2015-S3455 (ACTIVE) - Bill Text download pdf

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

                                  3455

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- 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 prohibiting  the  manufac-
  ture, transport or shipment of undetectable knives and prohibiting the
  possession of such knives

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 5-d to read as follows:
  5-D.  "UNDETECTABLE  KNIFE" MEANS ANY KNIFE OR OTHER INSTRUMENT, WHICH
DOES NOT UTILIZE MATERIALS THAT ARE DETECTABLE BY A  METAL  DETECTOR  OR
MAGNETOMETER  WHEN  SET  AT  A  STANDARD CALIBRATION, THAT IS CAPABLE OF
READY USE AS A STABBING OR CUTTING WEAPON AND WAS COMMERCIALLY  MANUFAC-
TURED TO BE USED AS A WEAPON.
  S  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
stiletto, imitation pistol, UNDETECTABLE KNIFE or any other dangerous or
deadly  instrument  or  weapon  with  intent  to use the same unlawfully
against another; or
  S 3. Subdivisions 1 and 2 of section  265.10  of  the  penal  law,  as
amended  by  chapter  257  of  the  laws of 2008, are amended to read as
follows:
  1. Any person who  manufactures  or  causes  to  be  manufactured  any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic   knife,  metal  knuckle  knife,  UNDETECTABLE  KNIFE,  billy,
blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
misdemeanor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06697-01-5

S. 3455                             2

  2. Any person who transports or ships any machine-gun, firearm silenc-
er, assault weapon  or  large  capacity  ammunition  feeding  device  or
disguised  gun,  or  who transports or ships as merchandise five or more
firearms, is guilty of a class D felony. Any person  who  transports  or
ships  as merchandise any firearm, other than an assault weapon, switch-
blade knife, gravity knife, pilum ballistic knife,  UNDETECTABLE  KNIFE,
billy,  blackjack,  bludgeon,  plastic knuckles, metal knuckles, Kung Fu
star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
nor.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S3455

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S3455 (ACTIVE) - Details

2015-S3455 (ACTIVE) - Summary

2015-S3455 (ACTIVE) - Sponsor Memo

2015-S3455 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3455

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S3455 (ACTIVE) - Details

2015-S3455 (ACTIVE) - Summary

2015-S3455 (ACTIVE) - Sponsor Memo

2015-S3455 (ACTIVE) - Bill Text download pdf

Comments