S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4487--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced   by   M.   of   A.   ORTIZ,   BENEDETTO,  DINOWITZ,  HOOPER,
   PEOPLES-STOKES, JAFFEE, MOSLEY, SEPULVEDA, WILLIAMS -- Multi-Sponsored
   by -- M. of A. GOTTFRIED, LAVINE, McDONOUGH, O'DONNELL  --  read  once
   and referred to the Committee on Codes -- recommitted to the Committee
   on  Codes  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law and the penal law, in  relation
   to establishing a statewide database to maintain and track coded ammu-
   nition  and  establishing  penalties  for individuals who violate such
   provisions; and to amend the state finance law, in relation to  estab-
   lishing the ammunition coding system database fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 each year in the United States more than thirty percent of all homicides
 involving  a  gun  go unsolved. Handgun ammunition accounts for approxi-
 mately eighty percent of all ammunition sold within the  United  States.
 Current technology for matching a bullet used in a crime to the gun that
 fired  it has worked moderately well for years, but presupposes that the
 weapon was recovered by law enforcement. Ammunition coding is a new  and
 effective  way for law enforcement to quickly identify persons of inter-
 est in gun crime investigations.
   § 2. The general business law is amended by adding a new section  396-
 gg to read as follows:
   § 396-GG. AMMUNITION CODING SYSTEM DATABASE. 1. THE DIVISION OF CRIMI-
 NAL  JUSTICE SERVICES IS RESPONSIBLE FOR ESTABLISHING AND MAINTAINING AN
 AMMUNITION  CODING  SYSTEM  DATABASE  CONTAINING  INFORMATION  FROM  THE
 FOLLOWING:
   A.  THE  MANUFACTURER  REGISTRY. (I) EVERY MANUFACTURER SHALL REGISTER
 WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY

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

                                                            LBD08935-02-8

 A. 4487--A                          2
 
 THE DIVISION, AND SHALL MAINTAIN RECORDS ON THE BUSINESS PREMISES FOR  A
 PERIOD  OF  SEVEN  YEARS  CONCERNING  ALL SALES, LOANS, AND TRANSFERS OF
 AMMUNITION TO, FROM, OR WITHIN THE STATE.
   (II)  EVERY  MANUFACTURER  SHALL  CODE ANY AMMUNITION FOR HANDGUNS AND
 ASSAULT WEAPONS SOLD OR MANUFACTURED AFTER JANUARY FIRST,  TWO  THOUSAND
 NINETEEN.
   B. THE VENDOR REGISTRY. EVERY VENDOR OF AMMUNITION SHALL REGISTER WITH
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES IN A MANNER PRESCRIBED BY THE
 DIVISION, AND  SHALL  RECORD  THE  FOLLOWING  INFORMATION  IN  A  FORMAT
 PRESCRIBED BY THE DIVISION:
   (I) THE DATE OF THE TRANSACTION;
   (II) THE NAME OF THE TRANSFEREE;
   (III)  THE  PURCHASER'S  DRIVER'S  LICENSE  NUMBER OR OTHER GOVERNMENT
 ISSUED IDENTIFICATION CARD NUMBER;
   (IV) THE DATE OF BIRTH OF THE PURCHASER;
   (V) THE UNIQUE IDENTIFIER OF ALL HANDGUN AMMUNITION OR BULLETS  TRANS-
 FERRED; AND
   (VI) ANY OTHER INFORMATION DETERMINED NECESSARY BY THE DIVISION.
   EVERY  VENDOR  SHALL  MAINTAIN  THESE  RECORDS ON THEIR PREMISES FOR A
 PERIOD OF AT LEAST THREE YEARS FROM THE DATE OF THE RECORDED PURCHASE.
   2. TO THE GREATEST EXTENT POSSIBLE OR PRACTICAL, THE AMMUNITION CODING
 SYSTEM DATABASE SHALL BE BUILT WITHIN THE FRAMEWORK OF EXISTING FIREARMS
 DATABASES. THE AMMUNITION CODING SYSTEM DATABASE SHALL BE OPERATIONAL NO
 LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY.
   3. PRIVACY OF INDIVIDUALS IS  OF  THE  UTMOST  IMPORTANCE.  ACCESS  TO
 INFORMATION IN THE AMMUNITION CODING SYSTEM DATABASE IS RESERVED FOR KEY
 LAW  ENFORCEMENT  PERSONNEL AND TO BE RELEASED ONLY IN CONNECTION WITH A
 CRIMINAL INVESTIGATION.
   4. THE COST OF MAINTAINING THE DATABASE SHALL BE FUNDED BY THE AMMUNI-
 TION CODING SYSTEM DATABASE FUND ESTABLISHED PURSUANT TO  SECTION  NINE-
 TY-ONE-E  OF  THE  STATE FINANCE LAW. VENDORS SHALL CHARGE AN ADDITIONAL
 $.005 PER BULLET OR ROUND OF AMMUNITION TO THE PURCHASER.   SUCH  MONEYS
 SHALL BE DEPOSITED INTO THE FUND.
   5.  ANY  PERSON  IN POSSESSION OF NON-CODED AMMUNITION MUST DISPOSE OF
 SUCH AMMUNITION NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-ONE.
   6. A. ANY  MANUFACTURER  THAT  WILLFULLY  FAILS  TO  COMPLY  WITH  THE
 PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO ONE THOU-
 SAND  DOLLARS FOR A FIRST OFFENSE; A FINE OF UP TO FIVE THOUSAND DOLLARS
 FOR A SECOND OFFENSE; AND A FINE OF UP TO TEN  THOUSAND  DOLLARS  FOR  A
 THIRD AND EACH SUBSEQUENT OFFENSE.
   B.  ANY  VENDOR  THAT WILLFULLY FAILS TO COMPLY WITH THE PROVISIONS OF
 THIS SECTION SHALL BE SUBJECT TO A FINE OF UP TO  ONE  THOUSAND  DOLLARS
 FOR  A  FIRST OFFENSE; A FINE OF UP TO TWO THOUSAND DOLLARS FOR A SECOND
 OFFENSE; AND A FINE OF UP TO FIVE THOUSAND DOLLARS FOR A THIRD AND  EACH
 SUBSEQUENT  OFFENSE.  IN  ADDITION  TO ANY FINE IMPOSED PURSUANT TO THIS
 SECTION, A VENDOR MAY BE SUBJECT TO A TERM OF IMPRISONMENT OF LESS  THAN
 ONE YEAR FOR EACH VIOLATION.
   7.  FOR  PURPOSES  OF  THIS SECTION, "CODED AMMUNITION" MEANS A BULLET
 CARRYING A UNIQUE IDENTIFIER THAT HAS BEEN APPLIED BY ETCHING  ONTO  THE
 BASE OF THE BULLET PROJECTILE.
   §  3.  The penal law is amended by adding a new section 265.50 to read
 as follows:
 § 265.50 UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION.
   A PERSON IS GUILTY OF UNLAWFUL SALE OF UNCODED AMMUNITION WHEN  HE  OR
 SHE:

 A. 4487--A                          3
 
   1.  SELLS  ANY  AMMUNITION THAT HAS NOT BEEN CODED PURSUANT TO SECTION
 THREE HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW; OR
   2.  POSSESSES ANY AMMUNITION THAT IS UNCODED, OR THE CODE OF WHICH HAS
 BEEN RENDERED UNREADABLE.
   UNLAWFUL SALE OR POSSESSION OF UNCODED AMMUNITION IS A CLASS A  MISDE-
 MEANOR.
   §  4. The state finance law is amended by adding a new section 91-e to
 read as follows:
   § 91-E. AMMUNITION CODING SYSTEM DATABASE FUND.  1.  THERE  IS  HEREBY
 CREATED  IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE, A FUND TO BE KNOWN AS THE AMMUNITION CODING SYSTEM
 DATABASE FUND.
   2. THE FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO  SECTION
 THREE  HUNDRED  NINETY-SIX-GG  OF THE GENERAL BUSINESS LAW, OR ANY OTHER
 MONEY APPROPRIATED TO THE FUND BY LAW.
   3. THE MONEYS OF THE FUND SHALL BE USED TO ESTABLISH AND MAINTAIN  THE
 AMMUNITION  CODING  SYSTEM  DATABASE  CREATED  PURSUANT TO SECTION THREE
 HUNDRED NINETY-SIX-GG OF THE GENERAL BUSINESS LAW.
   4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.