NY State Assembly Bill 2017-A4798C

Archive: Last Bill Status - In Assembly 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
Mar 02, 2018	print number 4798c
Mar 02, 2018	amend (t) and recommit to codes
Jan 03, 2018	referred to codes
Jun 01, 2017	print number 4798b
Jun 01, 2017	amend and recommit to codes
Mar 30, 2017	print number 4798a
Mar 30, 2017	amend (t) and recommit to codes
Feb 03, 2017	referred to codes

Bill Amendments

Original

C (Active)

co-Sponsors

2017-A4798 - Details

See Senate Version of this Bill:: S8439
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §400.15, Pen L; add §97-cc, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6650
2015-2016: A1315
2019-2020: A293, S2097

2017-A4798 - Summary

Establishes the municipal gun tip hotline program and the municipal gun tip hotline fund.

2017-A4798 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4798
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M. of A. ROSENTHAL, GOTTFRIED, ABINANTI -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law and the state finance law, in relation  to
   establishing  the  municipal  firearm  recovery  program and municipal
   firearm recovery fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 400.15 to
 read as follows:
 § 400.15 MUNICIPAL FIREARM RECOVERY PROGRAM.
   1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS LOCAL MUNICIPAL POLICE DEPARTMENTS AND THE DIVISION
 OF STATE POLICE.
   (B) "MFRP" MEANS MUNICIPAL FIREARM RECOVERY PROGRAM OR ANY RELATED GUN
 BUYBACK  PROGRAM  IMPLEMENTED  BY  MUNICIPAL POLICE DEPARTMENTS OR LOCAL
 COMMUNITY ORGANIZERS.
   (C) "GUN  BUYBACK  PROGRAM"  MEANS  ANY  PROGRAM  IN  WHICH  FIREARMS,
 MACHINE-GUNS OR AMMUNITION ARE PURCHASED BY OR SURRENDERED TO THE SUPER-
 INTENDENT OF THE DIVISION OF STATE POLICE OR A MEMBER THEREOF DESIGNATED
 BY  SUCH  SUPERINTENDENT,  OR TO A COUNTY SHERIFF, OR IN THE COUNTIES OF
 NASSAU AND SUFFOLK TO THE COMMISSIONER OF POLICE  OR  A  MEMBER  OF  THE
 POLICE  DEPARTMENT  THEREOF  DESIGNATED  BY SUCH COMMISSIONER, OR TO THE
 POLICE COMMISSIONER OR HEAD OF THE POLICE FORCE  OR  DEPARTMENT  OF  ANY
 CITY, TOWN OTHER THAN ONE NAMED IN THIS PARAGRAPH, OR VILLAGE THEREOF OR
 TO  A  MEMBER OF THE FORCE OR DEPARTMENT DESIGNATED BY SUCH COMMISSIONER
 OR HEAD.
   (D) "FIREARM" MEANS ANY FIREARM AS DEFINED  IN  SUBDIVISION  THREE  OF
 SECTION 265.00 OF THIS CHAPTER AND IS IN GOOD WORKING ORDER.
   (E) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF THE DIVISION OF STATE
 POLICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05420-01-7

 A. 4798                             2
 
   (F) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF STATE.
   (G)  "ACTIVE  LAW  ENFORCEMENT  OFFICER"  MEANS  ANY  MEMBER CURRENTLY
 EMPLOYED IN LAW ENFORCEMENT OR WHO IS AUTHORIZED TO CARRY A  FIREARM  IN
 THE COURSE OF HIS OR HER EMPLOYMENT.
   2.  THE  MUNICIPAL  FIREARM RECOVERY PROGRAM ("MFRP") IS HEREBY ESTAB-
 LISHED AND SHALL BE IMPLEMENTED BY THE AGENCIES AS FUNDS  ARE  ALLOCATED
 THROUGH  THE  MUNICIPAL  FIREARM RECOVERY FUND ESTABLISHED UNDER SECTION
 NINETY-SEVEN-CC OF THE STATE FINANCE LAW. THE AGENCY SHALL:
   (A) IN COORDINATION WITH THE COMMUNITY GROUPS WITHIN ITS JURISDICTION,
 SELECT A LOCATION SITE FOR PURPOSES OF IMPLEMENTING A MFRP; AND
   (B) DESIGNATE DATES AND TIMES  WHEN  A  PARTICIPATING  INDIVIDUAL  MAY
 SURRENDER  A  FIREARM  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
 THIS SECTION AND SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER  IN
 EXCHANGE  FOR  FUNDS  OF  A PREDETERMINED VALUE ON A GIFT CERTIFICATE OR
 COUPON OF EQUAL VALUE AS DETERMINED BY  THE  AGENCY.  THE  PARTICIPATING
 AGENCY  SHALL  DETERMINE  THE  AMOUNTS  TO BE EXCHANGED FOR EACH FIREARM
 SURRENDERED. THE GUN BUYBACK PROGRAM SHALL EXIST FOR  NOT  MORE  THAN  A
 SIXTY-DAY  PERIOD  IN  ANY  CALENDAR YEAR OR SHALL EXIST UNTIL THE FUNDS
 ACQUIRED OR RECEIVED FOR THE PURCHASE OF THE FIREARM ARE EXHAUSTED.
   3. THE DIVISION OF STATE POLICE, IN CONJUNCTION WITH THE DEPARTMENT OF
 STATE SHALL ADMINISTER THIS PROGRAM AND PROMULGATE RULES AND REGULATIONS
 FOR THE IMPLEMENTATION OF THIS PROGRAM. SUCH RULES  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (A) THE MANNER IN WHICH THE FUNDS WILL BE ALLOCATED AND DISTRIBUTED;
   (B)  PROVIDE GUIDELINES FOR THE SAFE STORAGE AND DISPOSAL OF RECOVERED
 WEAPONS IN THE POSSESSION OF THE PARTICIPATING AGENCY. FOR  PURPOSES  OF
 THIS  SECTION,  "DISPOSAL"  SHALL  ONLY  INCLUDE  THE DESTRUCTION OF THE
 FIREARMS, EXCEPT THAT, A STOLEN WEAPON SHALL BE RETURNED TO ITS RIGHTFUL
 OWNER ON PROOF OF OWNERSHIP, UNLESS THE LAWFUL OWNER OF THE  FIREARM  IS
 INELIGIBLE  TO POSSESS A FIREARM UNDER APPLICABLE STATE LAWS, THE ENTITY
 OPERATING THE GUN BUYBACK PROGRAM SHALL DESTROY THE FIREARM  IN  COMPLI-
 ANCE  WITH  THIS SECTION.  HOWEVER, IF IT IS DETERMINED THAT THE FIREARM
 WAS USED IN A CRIME AFTER A REVIEW UNDER PARAGRAPH (D) OF THIS  SUBDIVI-
 SION, IT SHALL BE RETAINED FOR EVIDENCE;
   (C)  PROHIBIT ACTIVE LAW ENFORCEMENT OFFICERS, AS DEFINED IN PARAGRAPH
 (G) OF SUBDIVISION ONE OF  THIS  SECTION,  FROM  PARTICIPATING  IN  SUCH
 PROGRAM;
   (D)  REQUIRE  THAT THE SERIAL NUMBER OF EVERY FIREARM OBTAINED BY SUCH
 GUN BUYBACK PROGRAM IS CHECKED AGAINST THE  NEW  YORK  STATEWIDE  POLICE
 INFORMATION NETWORK (NYSPIN) RECORDS; AND
   (E)  PROMULGATE  RULES  AND  REGULATIONS NECESSARY TO SUCCESSFULLY RUN
 SUCH A PROGRAM.
   4. ANY INDIVIDUAL WHO ELECTS TO SURRENDER A FIREARM ANONYMOUSLY  TO  A
 MFRP  MAY DO SO AND PERSONAL IDENTIFICATION SHALL ONLY BE REQUIRED TO BE
 PRESENTED FOR PROOF OF RESIDENCY.
   5. ANY PERSON PARTICIPATING IN A MFRP SHALL BE  IMMUNE  FROM  CRIMINAL
 PROSECUTION  FOR  THE  CRIMINAL OFFENSES ESTABLISHED BY SECTIONS 265.01,
 265.02, 265.03, AND 265.05 OF THIS CHAPTER, PROVIDED THE PERSON  IS,  IN
 GOOD  FAITH,  ON  AN  IMMEDIATE,  DIRECT ROUTE TO THE PREDETERMINED MFRP
 SITE.
   § 2. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   § 97-CC. MUNICIPAL FIREARM RECOVERY FUND. 1. THERE  IS  HEREBY  ESTAB-
 LISHED,  IN  THE JOINT CUSTODY OF THE SUPERINTENDENT OF STATE POLICE AND
 THE SECRETARY OF STATE A FUND TO  BE  KNOWN  AS  THE  MUNICIPAL  FIREARM
 RECOVERY FUND.

 A. 4798                             3
 
   2.  THE  SUPERINTENDENT  AND  THE SECRETARY SHALL PROMULGATE RULES AND
 REGULATIONS FOR THE IMPLEMENTATION AND DISTRIBUTION  OF  THIS  FUND  AND
 SHALL  SEEK MONIES FROM THE GENERAL FUND TO ASSIST MUNICIPALITIES IN THE
 FIREARM RECOVERY PROGRAM ESTABLISHED UNDER SECTION 400.15 OF  THE  PENAL
 LAW.
   3.  ADDITIONAL  FUNDING  MAY  BE  ACQUIRED  BY  MUNICIPALITIES THROUGH
 DONATIONS FROM PRIVATE BUSINESSES, CHARITIES AND INDIVIDUALS AND MAY  BE
 ACQUIRED FROM THE MUNICIPALITY'S ASSETS, SEIZURES AND FORFEITURE FUND IF
 THE MUNICIPALITY POSSESSES SUCH FUND.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date is authorized to  be  made  and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2017-A4798A - Details

See Senate Version of this Bill:: S8439
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §400.15, Pen L; add §97-cc, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6650
2015-2016: A1315
2019-2020: A293, S2097

2017-A4798A - Summary

Establishes the municipal gun tip hotline program and the municipal gun tip hotline fund.

2017-A4798A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4798--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, MAYER, GOTTFRIED, ABINANTI, JAFFEE --
   read once  and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the penal law and the state finance law, in relation to
   establishing the municipal  gun  buyback  program  and  municipal  gun
   buyback fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 400.15  to
 read as follows:
 § 400.15 MUNICIPAL GUN BUYBACK PROGRAM.
   1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS THE POLICE FORCE OR DEPARTMENT OF ANY COUNTY, CITY,
 TOWN, OR VILLAGE OR A COUNTY SHERIFF.
   (B) "GUN BUYBACK PROGRAM" MEANS ANY PROGRAM IN WHICH A FIREARM, RIFLE,
 SHOTGUN OR AMMUNITION MAY BE PURCHASED BY OR SURRENDERED  TO  AN  AGENCY
 PURSUANT TO THIS SECTION.
   (C) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF THE DIVISION OF STATE
 POLICE.
   (D) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF STATE.
   2.  THE  MUNICIPAL GUN BUYBACK PROGRAM IS HEREBY ESTABLISHED. AGENCIES
 MAY PARTICIPATE AT THEIR OPTION  AS  FUNDS  ARE  ALLOCATED  THROUGH  THE
 MUNICIPAL  GUN BUYBACK FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-CC OF
 THE STATE FINANCE LAW.
   3. THE DIVISION OF STATE POLICE, IN CONJUNCTION WITH THE DEPARTMENT OF
 STATE SHALL ADMINISTER THIS PROGRAM AND PROMULGATE ANY RULES  AND  REGU-
 LATIONS  THE  SUPERINTENDENT  DEEMS  NECESSARY FOR THE IMPLEMENTATION OF
 THIS PROGRAM. SUCH RULES MAY INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05420-02-7

 A. 4798--A                          2
 
   (A) GUIDELINES FOR AN AGENCY PARTICIPATING IN THE PROGRAM  TO  COORDI-
 NATE  WITH  COMMUNITY  GROUPS WITHIN ITS JURISDICTION, SELECT A LOCATION
 AND DESIGNATE DATES  AND  TIMES  WHEN  A  PARTICIPATING  INDIVIDUAL  MAY
 SURRENDER A FIREARM, RIFLE, SHOTGUN, OR AMMUNITION IN EXCHANGE FOR FUNDS
 OF A PREDETERMINED VALUE;
   (B) THE MANNER IN WHICH AN AGENCY MAY APPLY FOR FUNDS TO SUPPORT A GUN
 BUYBACK  PROGRAM AND THE MANNER IN WHICH THE FUNDS WILL BE ALLOCATED AND
 DISTRIBUTED;
   (C)  GUIDELINES  FOR  THE  SAFE  STORAGE  AND  DISPOSAL  OF  RECOVERED
 FIREARMS,  RIFLES,  SHOTGUNS,  OR  AMMUNITION  IN  THE POSSESSION OF THE
 PARTICIPATING AGENCY, RETURN OF ANY RECOVERED  STOLEN  PROPERTY  TO  ITS
 RIGHTFUL  OWNER  AS  APPROPRIATE,  AND  RETENTION  FOR  EVIDENCE  OF ANY
 FIREARM, RIFLE, OR SHOTGUN DETERMINED TO HAVE BEEN USED IN A CRIME; AND
   (D) PROVISIONS FOR CHECKING THE SERIAL NUMBER OF EVERY FIREARM, RIFLE,
 OR SHOTGUN OBTAINED BY SUCH GUN BUYBACK PROGRAM  AGAINST  THE  NEW  YORK
 STATEWIDE POLICE INFORMATION NETWORK RECORDS.
   4. ANY INDIVIDUAL WHO ELECTS TO SURRENDER A FIREARM ANONYMOUSLY PURSU-
 ANT  TO THIS SECTION MAY DO SO AND PERSONAL IDENTIFICATION SHALL ONLY BE
 REQUIRED TO BE PRESENTED FOR PROOF OF RESIDENCY.
   5. ANY PERSON PARTICIPATING IN A GUN BUYBACK PROGRAM PURSUANT TO  THIS
 SECTION  SHALL  BE  IMMUNE  FROM  CRIMINAL  PROSECUTION FOR THE CRIMINAL
 OFFENSES ESTABLISHED BY SECTIONS 265.01, 265.02, 265.03, AND  265.05  OF
 THIS  CHAPTER,  PROVIDED  THE PERSON IS, IN GOOD FAITH, ON AN IMMEDIATE,
 DIRECT ROUTE TO THE GUN BUYBACK PROGRAM SITE.
   6. NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF ANY AGENCY  TO
 CONDUCT A GUN BUYBACK PROGRAM OTHERWISE PERMITTED BY LAW.
   § 2. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   §  97-CC.  MUNICIPAL GUN BUYBACK FUND. 1. THERE IS HEREBY ESTABLISHED,
 IN THE JOINT CUSTODY OF THE  SUPERINTENDENT  OF  STATE  POLICE  AND  THE
 SECRETARY OF STATE A FUND TO BE KNOWN AS THE MUNICIPAL GUN BUYBACK FUND.
   2.  THE  SUPERINTENDENT  AND  THE SECRETARY SHALL PROMULGATE RULES AND
 REGULATIONS FOR THE IMPLEMENTATION AND  DISTRIBUTION  OF  THIS  FUND  TO
 ASSIST  MUNICIPALITIES  IN  THE  GUN  BUYBACK  PROGRAM ESTABLISHED UNDER
 SECTION 400.15 OF THE PENAL LAW.
   3. FUNDING MAY BE ALLOCATED FROM THE GENERAL FUND OR ACQUIRED  THROUGH
 DONATIONS  FROM  PRIVATE  BUSINESSES,  CHARITIES AND INDIVIDUALS OR FROM
 ASSETS, SEIZURES AND FORFEITURES COLLECTED BY THE AGENCIES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2017-A4798B - Details

See Senate Version of this Bill:: S8439
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §400.15, Pen L; add §97-cc, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6650
2015-2016: A1315
2019-2020: A293, S2097

2017-A4798B - Summary

Establishes the municipal gun tip hotline program and the municipal gun tip hotline fund.

2017-A4798B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4798--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, MAYER, GOTTFRIED, ABINANTI, JAFFEE,
   HARRIS, HOOPER, WEPRIN -- read once and referred to the  Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee
 
 AN ACT to amend the penal law and the state finance law, in relation  to
   establishing  the  municipal  gun  buyback  program  and municipal gun
   buyback fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 400.15 to
 read as follows:
 § 400.15 MUNICIPAL GUN BUYBACK PROGRAM.
   1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS THE POLICE FORCE OR DEPARTMENT OF ANY COUNTY, CITY,
 TOWN, OR VILLAGE OR A COUNTY SHERIFF.
   (B) "GUN BUYBACK PROGRAM" MEANS ANY PROGRAM IN WHICH A FIREARM, RIFLE,
 SHOTGUN  OR  AMMUNITION  MAY BE PURCHASED BY OR SURRENDERED TO AN AGENCY
 PURSUANT TO THIS SECTION.
   (C) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF THE DIVISION OF STATE
 POLICE.
   (D) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF STATE.
   2. THE MUNICIPAL GUN BUYBACK PROGRAM IS HEREBY  ESTABLISHED.  AGENCIES
 MAY  PARTICIPATE  AT  THEIR  OPTION  AS  FUNDS ARE ALLOCATED THROUGH THE
 MUNICIPAL GUN BUYBACK FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-CC  OF
 THE STATE FINANCE LAW.
   3. THE DIVISION OF STATE POLICE, IN CONJUNCTION WITH THE DEPARTMENT OF
 STATE  SHALL  ADMINISTER THIS PROGRAM AND PROMULGATE ANY RULES AND REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05420-04-7

 A. 4798--B                          2
 
 LATIONS THE SUPERINTENDENT DEEMS NECESSARY  FOR  THE  IMPLEMENTATION  OF
 THIS PROGRAM. SUCH RULES MAY INCLUDE:
   (A)  GUIDELINES  FOR AN AGENCY PARTICIPATING IN THE PROGRAM TO COORDI-
 NATE WITH COMMUNITY GROUPS WITHIN ITS JURISDICTION,  SELECT  A  LOCATION
 AND  DESIGNATE  DATES  AND  TIMES  WHEN  A  PARTICIPATING INDIVIDUAL MAY
 SURRENDER A FIREARM, RIFLE, SHOTGUN, OR AMMUNITION IN EXCHANGE FOR FUNDS
 OF A PREDETERMINED VALUE;
   (B) THE MANNER IN WHICH AN AGENCY MAY APPLY FOR FUNDS TO SUPPORT A GUN
 BUYBACK PROGRAM AND THE MANNER IN WHICH THE FUNDS WILL BE ALLOCATED  AND
 DISTRIBUTED;
   (C)  GUIDELINES  FOR  THE  SAFE  STORAGE  AND  DISPOSAL  OF  RECOVERED
 FIREARMS, RIFLES, SHOTGUNS, OR  AMMUNITION  IN  THE  POSSESSION  OF  THE
 PARTICIPATING  AGENCY,  RETURN  OF  ANY RECOVERED STOLEN PROPERTY TO ITS
 RIGHTFUL OWNER  AS  APPROPRIATE,  AND  RETENTION  FOR  EVIDENCE  OF  ANY
 FIREARM, RIFLE, OR SHOTGUN DETERMINED TO HAVE BEEN USED IN A CRIME; AND
   (D) PROVISIONS FOR CHECKING THE SERIAL NUMBER OF EVERY FIREARM, RIFLE,
 OR  SHOTGUN  OBTAINED  BY  SUCH GUN BUYBACK PROGRAM AGAINST THE NEW YORK
 STATEWIDE POLICE INFORMATION NETWORK RECORDS.
   4. ANY INDIVIDUAL WHO ELECTS TO SURRENDER A FIREARM ANONYMOUSLY PURSU-
 ANT TO THIS SECTION MAY DO SO AND PERSONAL IDENTIFICATION SHALL ONLY  BE
 REQUIRED TO BE PRESENTED FOR PROOF OF RESIDENCY.
   5.  ANY PERSON PARTICIPATING IN A GUN BUYBACK PROGRAM PURSUANT TO THIS
 SECTION SHALL BE IMMUNE  FROM  CRIMINAL  PROSECUTION  FOR  THE  CRIMINAL
 OFFENSES  ESTABLISHED  BY SECTIONS 265.01, 265.02, 265.03, AND 265.05 OF
 THIS CHAPTER, PROVIDED THE PERSON IS, IN GOOD FAITH,  ON  AN  IMMEDIATE,
 DIRECT ROUTE TO THE GUN BUYBACK PROGRAM SITE.
   6.  ANY POLICE AGENCY SHALL BE AUTHORIZED TO DEVELOP AND IMPLEMENT ITS
 OWN GUN BUYBACK PROGRAM PROVIDED IT IS OTHERWISE PERMITTED BY LAW.
   § 2. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   § 97-CC. MUNICIPAL GUN BUYBACK FUND. 1. THERE IS  HEREBY  ESTABLISHED,
 IN  THE  JOINT  CUSTODY  OF  THE  SUPERINTENDENT OF STATE POLICE AND THE
 SECRETARY OF STATE A FUND TO BE KNOWN AS THE MUNICIPAL GUN BUYBACK FUND.
   2. THE SUPERINTENDENT AND THE SECRETARY  SHALL  PROMULGATE  RULES  AND
 REGULATIONS  FOR  THE  IMPLEMENTATION  AND  DISTRIBUTION OF THIS FUND TO
 ASSIST MUNICIPALITIES IN  THE  GUN  BUYBACK  PROGRAM  ESTABLISHED  UNDER
 SECTION  400.15  OF  THE  PENAL  LAW.  SUCH  RULES AND REGULATIONS SHALL
 AUTHORIZE POLICE AGENCIES THAT DEVELOP AND  IMPLEMENT  THEIR  OWN  PLANS
 PURSUANT  TO  SUBDIVISION  SIX  OF SECTION 400.15 OF THE PENAL LAW TO BE
 ELIGIBLE TO PARTICIPATE IN THE MUNICIPAL GUN BUYBACK FUND, PROVIDED  THE
 SUPERINTENDENT OF STATE POLICE AUTHORIZES PARTICIPATION IN THE FUND.
   3.  FUNDING MAY BE ALLOCATED FROM THE GENERAL FUND OR ACQUIRED THROUGH
 DONATIONS FROM PRIVATE BUSINESSES, CHARITIES  AND  INDIVIDUALS  OR  FROM
 ASSETS, SEIZURES AND FORFEITURES COLLECTED BY THE AGENCIES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2017-A4798C (ACTIVE) - Details

See Senate Version of this Bill:: S8439
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §400.15, Pen L; add §97-cc, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6650
2015-2016: A1315
2019-2020: A293, S2097

2017-A4798C (ACTIVE) - Summary

Establishes the municipal gun tip hotline program and the municipal gun tip hotline fund.

2017-A4798C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4798--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, MAYER, GOTTFRIED, ABINANTI, JAFFEE,
   HARRIS,  HOOPER,  WEPRIN -- read once and referred to the Committee on
   Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted  to  said  committee  --  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 commit-
   tee
 
 AN ACT to amend the penal law and the state finance law, in relation  to
   establishing a municipal gun tip hotline and municipal gun tip hotline
   fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 400.15  to
 read as follows:
 § 400.15 MUNICIPAL GUN TIP HOTLINE PROGRAM.
   1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS THE POLICE FORCE OR DEPARTMENT OF ANY COUNTY, CITY,
 TOWN, OR VILLAGE OR A COUNTY SHERIFF.
   (B) "MUNICIPAL GUN TIP HOTLINE PROGRAM" MEANS ANY PROGRAM IN  WHICH  A
 FULLY  FUNCTIONING  ILLEGAL FIREARM, RIFLE, SHOTGUN OR AMMUNITION MAY BE
 REPORTED OR SURRENDERED TO AN AGENCY PURSUANT TO THIS SECTION.
   (C) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF THE DIVISION OF STATE
 POLICE.
   (D) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF STATE.
   2. THE MUNICIPAL GUN TIP HOTLINE PROGRAM IS HEREBY ESTABLISHED.  AGEN-
 CIES  MAY PARTICIPATE AT THEIR OPTION AS FUNDS ARE ALLOCATED THROUGH THE
 MUNICIPAL GUN TIP HOTLINE FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-CC
 OF THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05420-06-8

 A. 4798--C                          2
 
   3. THE DIVISION OF STATE POLICE, IN CONJUNCTION WITH THE DEPARTMENT OF
 STATE SHALL ADMINISTER THIS PROGRAM AND PROMULGATE ANY RULES  AND  REGU-
 LATIONS  THE  SUPERINTENDENT  DEEMS  NECESSARY FOR THE IMPLEMENTATION OF
 THIS PROGRAM. SUCH RULES MAY INCLUDE:
   (A)  GUIDELINES  FOR AN AGENCY PARTICIPATING IN THE PROGRAM TO COORDI-
 NATE WITH COMMUNITY GROUPS  WITHIN  ITS  JURISDICTION.  SUCH  GUIDELINES
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ALLOWING  INDIVIDUALS  TO  ANONYMOUSLY  REPORT OR TURN IN ILLEGAL
 FULLY FUNCTIONING GUNS AND THEN COLLECT A FIVE HUNDRED DOLLAR REWARD;
   (II) ALL CALLS ARE ANONYMOUS AND NO ARREST OR CONVICTION  IS  REQUIRED
 FOR THE CALLER TO RECEIVE THE REWARD; AND
   (III)  INDIVIDUALS  WITH INFORMATION ABOUT THE LOCATION OF FULLY FUNC-
 TIONING ILLEGAL GUNS OR WHO WISH TO TURN IN SUCH FIREARMS SHALL MAKE TWO
 PHONE CALLS TO THE ANONYMOUS TIP  HOTLINE  ESTABLISHED  BY  THE  AGENCY.
 DURING  THE  INITIAL  PHONE  CONVERSATION  IN  WHICH THE CALLER PROVIDES
 INFORMATION ABOUT THE ILLEGAL FIREARM, THE CALLER RECEIVES  A  CONFIDEN-
 TIAL  IDENTIFICATION  NUMBER  AND  IS INSTRUCTED TO CALL BACK AT A LATER
 DATE. DURING THE SECOND PHONE CALL, THE CALLER USES  THE  IDENTIFICATION
 NUMBER  TO CHECK WHETHER AN ILLEGAL FIREARM WAS RECOVERED AS A RESULT OF
 THE INITIAL CALL AND, IF SO, THE CALLER IS PROVIDED A SECOND IDENTIFICA-
 TION NUMBER AND INSTRUCTED  TO  COMMUNICATE  WITH  A  SPECIFIC  BANK  TO
 COLLECT THE REWARD OF FIVE HUNDRED DOLLARS;
   (B)  THE  MANNER  IN  WHICH AN AGENCY MAY APPLY FOR FUNDS TO SUPPORT A
 MUNICIPAL GUN TIP HOTLINE PROGRAM AND THE MANNER IN WHICH THE FUNDS WILL
 BE ALLOCATED AND DISTRIBUTED;
   (C)  GUIDELINES  FOR  THE  SAFE  STORAGE  AND  DISPOSAL  OF  RECOVERED
 FIREARMS,  RIFLES,  SHOTGUNS,  OR  AMMUNITION  IN  THE POSSESSION OF THE
 PARTICIPATING AGENCY, RETURN OF ANY RECOVERED  STOLEN  PROPERTY  TO  ITS
 RIGHTFUL  OWNER  AS  APPROPRIATE,  AND  RETENTION  FOR  EVIDENCE  OF ANY
 FIREARM, RIFLE, OR SHOTGUN DETERMINED TO HAVE BEEN USED IN A CRIME; AND
   (D) PROVISIONS FOR CHECKING THE SERIAL NUMBER OF EVERY FIREARM, RIFLE,
 OR SHOTGUN OBTAINED BY SUCH GUN BUYBACK PROGRAM  AGAINST  THE  NEW  YORK
 STATEWIDE POLICE INFORMATION NETWORK RECORDS.
   4.  ANY  PERSON  PARTICIPATING  IN A MUNICIPAL GUN TIP HOTLINE PROGRAM
 PURSUANT TO THIS SECTION SHALL BE IMMUNE FROM CRIMINAL  PROSECUTION  FOR
 THE  CRIMINAL  OFFENSES  ESTABLISHED BY SECTIONS 265.01, 265.02, 265.03,
 AND 265.05 OF THIS CHAPTER, PROVIDED  THE  PERSON  IS,  IN  GOOD  FAITH,
 ACTING TO SURRENDER A FIREARM THROUGH THE PROGRAM.
   5.  ANY POLICE AGENCY SHALL BE AUTHORIZED TO DEVELOP AND IMPLEMENT ITS
 OWN MUNICIPAL GUN TIP HOTLINE PROGRAM PROVIDED IT IS OTHERWISE PERMITTED
 BY LAW AND CONFORMS TO THE RULES OUTLINED IN SUBDIVISION THREE  OF  THIS
 SECTION.
   § 2. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   §  97-CC.  MUNICIPAL  GUN  TIP HOTLINE FUND. 1. THERE IS HEREBY ESTAB-
 LISHED, IN THE JOINT CUSTODY OF THE SUPERINTENDENT OF STATE  POLICE  AND
 THE  SECRETARY  OF  STATE  A  FUND  TO BE KNOWN AS THE MUNICIPAL GUN TIP
 HOTLINE FUND.
   2. THE SUPERINTENDENT AND THE SECRETARY  SHALL  PROMULGATE  RULES  AND
 REGULATIONS  FOR  THE  IMPLEMENTATION  AND  DISTRIBUTION OF THIS FUND TO
 ASSIST MUNICIPALITIES IN THE MUNICIPAL GUN TIP  HOTLINE  PROGRAM  ESTAB-
 LISHED UNDER SECTION 400.15 OF THE PENAL LAW. SUCH RULES AND REGULATIONS
 SHALL  AUTHORIZE  POLICE  AGENCIES  THAT DEVELOP AND IMPLEMENT THEIR OWN
 PLANS PURSUANT TO SUBDIVISION FIVE OF SECTION 400.15 OF THE PENAL LAW TO
 BE ELIGIBLE TO PARTICIPATE  IN  THE  MUNICIPAL  GUN  TIP  HOTLINE  FUND,

 A. 4798--C                          3
 
 PROVIDED  THE SUPERINTENDENT OF STATE POLICE AUTHORIZES PARTICIPATION IN
 THE FUND.
   3.  FUNDING MAY BE ALLOCATED FROM THE GENERAL FUND OR ACQUIRED THROUGH
 DONATIONS FROM PRIVATE BUSINESSES, CHARITIES  AND  INDIVIDUALS  OR  FROM
 ASSETS, SEIZURES AND FORFEITURES COLLECTED BY THE AGENCIES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Assembly Bill A4798C

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2017-A4798 - Details

2017-A4798 - Summary

2017-A4798 - Bill Text download pdf

co-Sponsors

2017-A4798A - Details

2017-A4798A - Summary

2017-A4798A - Bill Text download pdf

co-Sponsors

2017-A4798B - Details

2017-A4798B - Summary

2017-A4798B - Bill Text download pdf

co-Sponsors

2017-A4798C (ACTIVE) - Details

2017-A4798C (ACTIVE) - Summary

2017-A4798C (ACTIVE) - Bill Text download pdf

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Assembly Bill A4798C

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Sponsored By

ROSENTHAL L

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Shelley Mayer

Richard Gottfried

Thomas Abinanti

Ellen C. Jaffee

2017-A4798 - Details

2017-A4798 - Summary

2017-A4798 - Bill Text download pdf

co-Sponsors

Shelley Mayer

Richard Gottfried

Thomas Abinanti

Ellen C. Jaffee

2017-A4798A - Details

2017-A4798A - Summary

2017-A4798A - Bill Text download pdf

co-Sponsors

Shelley Mayer

Richard Gottfried

Thomas Abinanti

Ellen C. Jaffee

2017-A4798B - Details

2017-A4798B - Summary

2017-A4798B - Bill Text download pdf

co-Sponsors

Shelley Mayer

Richard Gottfried

Thomas Abinanti

Ellen C. Jaffee

2017-A4798C (ACTIVE) - Details

2017-A4798C (ACTIVE) - Summary

2017-A4798C (ACTIVE) - Bill Text download pdf

Comments