NY State Senate Bill 2017-S8439

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
May 07, 2018	referred to codes

co-Sponsors

2017-S8439 (ACTIVE) - Details

See Assembly Version of this Bill:: A4798
Current Committee:: Senate 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: S2097, A293

2017-S8439 (ACTIVE) - Summary

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

2017-S8439 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8439

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend the penal law and the state finance
law, in relation to establishing a municipal gun tip hotline and munici-
pal gun tip hotline fund

 
PURPOSE:

This bill directs the Division of State Police, in conjunction with, the
Department of State, to provide a statewide standard of for the safe
removal of illegal, unsecured, abandoned, or unwanted firearms.  These
rules and regulations would replicate those programs that have been
successfully implemented around the state.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the penal law by adding a new section 400.15.

Section two amends the state finance law by adding a new section 97-cc.
Section three sets forth the effective date.

 
JUSTIFICATION:

Around the country, local communities in conjunction with their police
departments have taken action to reduce the Proliferation of guns in our
neighborhoods. In light of the recent events in Newton, CT., New York
State has led the way in tightening access to assault weapons and ille-
gal firearms.

Across the state, many organizations are hosting "gun buyback" programs
to get rid of unwanted or illegal guns. While the popularity of these
programs continues to grow, they do not occur everywhere and lack
consistent standards. It is important that the State set minimum stand-
ards to ensure that these programs accomplish their stated goals of
reducing the proliferation of guns in our neighborhood and require that
these programs take place in every county in the state.

This legislation would create sound guidelines and establish statewide
regulations aimed at strengthening existing gun buyback programs and
create new programs to ensure easy accessibility to the public, and that
best practices are being followed by all localities.

 
LEGISLATIVE HISTORY:

2015-16: A.1315 - Referred to Codes
2013-14: A.6650 - Referred to Codes

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such effective date.

2017-S8439 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8439
 
                             I N  S E N A T E
 
                                May 7, 2018
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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.
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05420-07-8

 S. 8439                             2
 
   (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,
 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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Senate Bill S8439

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S8439 (ACTIVE) - Details

2017-S8439 (ACTIVE) - Summary

2017-S8439 (ACTIVE) - Sponsor Memo

2017-S8439 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8439

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Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Luis R. Sepúlveda

Andrea Stewart-Cousins

2017-S8439 (ACTIVE) - Details

2017-S8439 (ACTIVE) - Summary

2017-S8439 (ACTIVE) - Sponsor Memo

2017-S8439 (ACTIVE) - Bill Text download pdf

Comments