NY State Senate Bill 2017-S9145

Archive: Last Bill Status - In Senate Committee Rules 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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Aug 01, 2018	referred to rules

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2017-S9145 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§265.00, 265.02, 265.10, 265.11, 265.12, 70.02 & 460.10, add §265.38, Pen L; amd §410, Gen Bus L; amd §700.05, CP L; amd §§9-131 & 14-154, NYC Ad Cd
Versions Introduced in 2019-2020 Legislative Session:: S2143

2017-S9145 (ACTIVE) - Summary

Relates to the manufacture, assembly, possession, license and disposal of ghost guns, the establishment of the offense of unlawful dissemination of instructions for the assembly of a weapon and the sentencing for certain offenses regarding ghost guns; relates to the suspension and revocation of certain licenses or registrations; adds the offense of unlawful dissemination of instructions for the assembly of a weapon to the list of designated offenses for the purpose of obtaining eavesdropping and video surveillance warrants; and includes the offense of unlawful dissemination of instructions for the assembly of a weapon in the definition of violent or serious crime.

2017-S9145 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9145

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to the manufacture, assembly,
possession, license and disposal of ghost guns, the establishment of the
offense of unlawful dissemination of instructions for the assembly of a
weapon and the sentencing for certain offenses regarding ghost guns; to
amend the general business law, in relation to the suspension and revo-
cation of certain licenses or registrations; to amend the criminal
procedure law, in relation to adding the offense of unlawful dissem-
ination of instructions for the assembly of a weapon to the list of
designated offenses for the purpose of obtaining eavesdropping and video
surveillance warrants; and to amend the administrative code of the city
of New York, in relation to including the offense of unlawful dissem-
ination of instructions for the assembly of a weapon in the definition
of violent or serious crime

 
PURPOSE:

This bill stops the distribution of 3D gun blueprints, requires that

every person who builds a gun be a licensed gunsmith, and that all guns
include a threshold of metal in major components so that they can be
detected. This will help stop the proliferation of the increasing threat
of ghost guns in New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 265.00 of the penal law to add new definitions.

Section 2 amends and adds two new subdivisions to Subdivision 10 of
section 265.02 of the penal law and provides that a person is guilty of
criminal possession of a weapon in the third degree when a person
possesses a ghost gun that has not been registered and does not have a
serial number or such a person possesses a ghost gun that does not meet
this bill's detection requirements.

Section 3 amends Section 265.01 to establish that every person who
assembles or manufactures a firearm must be a duly licensed gunsmith and
all firearms, rifles and shotguns must contain 3.7 ounces of metal in a
major component of the gun and have a unique serial number and be regis-
tered with the State. Failure to comply constitutes a class C felony.

Section 4 amends section 265.11 of the penal law to make the sale of a
firearm of any kind by a person who is not a gunsmith or dealer criminal
sale of a firearm in the third degree, subject to certain conditions
consistent with existing law.

Section 5 amends section 265.12 of the penal law, as amended by chapter
764 of the laws of 2005 to make a person guilty of criminal sale of a
firearm in the second degree when a gunsmith or dealer sells a gun that
does not comply with all the provisions of this bill.

Section 6 amends section 265.38 to add a provision making it unlawful to
intentionally distribute any code that can program a 3D printer or simi-
lar device to produce a firearm. Failure to comply constitutes a class D
felony.

Section 7 amends paragraph (a) of subdivision 1 of section 460.10 of the
penal 2 law, as amended by chapter 368 of the laws of 2015 to include
the unlawful dissemination of instruction for the assembly of weapons.

Section 8 amends paragraph (a) of subdivision 1 of section 460.10 of the
penal 2 law, as amended by chapter 368 of the laws of 2015 include the
unlawful dissemination of instruction for the assembly of weapons.

Section 9 amends paragraph f of subdivision 1 of section 410 of the
general business law, as amended by chapter 80 of the laws of 2015 to
include the unlawful dissemination of instruction for the assembly of
weapons.

Section 10 amends Paragraph (b) of subdivision 8 of section 700.05 of
the criminal procedure law, as amended by chapter 368 of the laws of
2015 to include the unlawful dissemination of instruction for the assem-
bly of weapons.

Section 11 amends subparagraph i of paragraph 7 of subdivision a of
section 9-131 of the administrative code of the city of New York, as
added by local law number 58 of the city of New York for the year 2014
to include the aforementioned additional provisions of law.

Section 12 amends subparagraph i of paragraph 6 of subdivision a of
section 14-154 of the administrative code of the city of New York, as
added by local law number 59 of the city of New York for the year 2014
to include the aforementioned additional provisions of law.

Section 13 stipulates when the act shall take effect.

 
JUSTIFICATION:

"Ghost guns" do not have serial numbers and thus are not tracked by law
enforcement. They can be assembled from unfinished parts or built with
increasingly sophisticated technology.

There has been much attention around ghost guns after the State Depart-
ment settled a case June 29, 2018 that will allow companies to legally
distribute online blueprints and manuals to complete guns such as the
AR-15 with the click of the button. This bill would directly prohibit
this act. By making illegal the publication of certain computer code
that can be used automatically to program three-dimensional printers and
create firearms, rifles and shotguns-the only means of combating this
unique threat-New York seeks not to regulate the speech rights of
computer programmers under the state and federal constitutions, but
rather to curb the pernicious effects of untraceable-and potentially
undetectable-firearms, rifles and shotguns.

In the event the federal administration reverses its position on the
distribution of computer code, this legislation is still desperately
needed to close loopholes in the law. Ghost guns are untraceable, unde-
tectable and unregulated. They have been an ongoing but largely unknown
threat for years. Because you can assemble a gun in your own home it
means terrorists, felons and children can all obtain them. In fact, in
2014 a man who failed a gun background check then built an assault rifle
himself and used it to go on a rampage at a college campus in Southern
California, firing 100 rounds and killing five people. This bill

requires that only gunsmiths manufacture or assemble guns and further-
more that all guns must obtain a serial number.

Increasingly sophisticated technology means guns can be built entirely
out of polymer or other similar materials. These are undetectable mean-
ing someone could easily enter a school or an airport with the ability
to cause mass devastation. This bill will would require a threshold
level of metal in the major components of all firearms, ghost guns or
not, thus extending beyond Federal detectability laws.  This comprehen-
sive bill addresses the short and long-term threat of ghost guns which
will only become more problematic as technology advances and it is easi-
er for the most dangerous and vulnerable in New York to make a gun at
home.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which 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 19 date are author-
ized to be made on or before such effective date.

2017-S9145 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9145
 
                             I N  S E N A T E
 
                              August 1, 2018
                                ___________
 
 Introduced by Sens. HOYLMAN, PARKER, KAMINSKY, KENNEDY -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Rules
 
 AN ACT to amend the penal law, in relation to the manufacture, assembly,
   possession, license and disposal of ghost guns, the  establishment  of
   the offense of unlawful dissemination of instructions for the assembly
   of  a  weapon  and the sentencing for certain offenses regarding ghost
   guns; to amend the general business law, in relation to the suspension
   and revocation of certain licenses  or  registrations;  to  amend  the
   criminal  procedure law, in relation to adding the offense of unlawful
   dissemination of instructions for the assembly of a weapon to the list
   of designated offenses for the purpose of obtaining eavesdropping  and
   video  surveillance  warrants; and to amend the administrative code of
   the city of New York, in relation to including the offense of unlawful
   dissemination of instructions for the assembly  of  a  weapon  in  the
   definition of violent or serious crime
 
   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  four
 new subdivisions 26, 27, 28 and 29 to read as follows:
   26.  "MAJOR COMPONENT" MEANS, IN THE CASE OF A FIREARM, RIFLE OR SHOT-
 GUN THE SLIDE OR CYLINDER, OR THE FRAME OR RECEIVER, AND, IN THE CASE OF
 A SHOTGUN, THE BARREL.
   27. "ADDITIVE MANUFACTURING" MEANS A MANUFACTURING  PROCESS  IN  WHICH
 MATERIAL  IS  ADDED  IN  ORDER TO PRODUCE THE PRODUCT, INCLUDING BUT NOT
 LIMITED TO THREE-DIMENSIONAL PRINTING IN WHICH LAYERS  OF  MATERIAL  ARE
 LAID DOWN IN SUCCESSION.
   28.  "UNFINISHED FIREARM FRAME OR RECEIVER" MEANS A PIECE OF ANY MATE-
 RIAL THAT DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM,  RIFLE
 OR SHOTGUN BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE
 OF  BECOMING  THE  FRAME OR RECEIVER OF A FIREARM, RIFLE OR SHOTGUN. THE
 TERM SHALL NOT INCLUDE A PIECE OF MATERIAL THAT  HAS  HAD  ITS  SIZE  OR
 EXTERNAL  SHAPE  ALTERED  TO FACILITATE TRANSPORTATION OR STORAGE OR HAS
 HAD ITS CHEMICAL COMPOSITION ALTERED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16438-01-8

 S. 9145                             2
 
   29. "GHOST GUN" MEANS A FIREARM, RIFLE OR SHOTGUN THAT IS:
   (A) MANUFACTURED USING ADDITIVE MANUFACTURING; OR
   (B)  ASSEMBLED  FROM A FRAME OR RECEIVER THAT WAS MARKETED AND/OR SOLD
 (EITHER SEPARATELY OR AS PART OF A KIT) AS AN UNFINISHED  FIREARM  FRAME
 OR RECEIVER THAT THE RECIPIENT COULD USE TO ASSEMBLE A FIREARM, RIFLE OR
 SHOTGUN.
   §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and two  new  subdivisions  11
 and 12 are added to read as follows:
   (10)  Such  person  possesses an unloaded firearm and also commits any
 violent felony offense as defined in subdivision one of section 70.02 of
 this chapter as part of the same criminal transaction[.]; OR
   (11) SUCH PERSON, IF NOT A GUNSMITH OR DEALER DULY  LICENSED  PURSUANT
 TO  SECTION  400.00  OF THIS CHAPTER, POSSESSES A GHOST GUN THAT HAS NOT
 BEEN REGISTERED WITH A LICENSING OFFICER  AND  ENGRAVED  OR  PERMANENTLY
 AFFIXED  WITH  A SERIAL NUMBER AS PROVIDED IN SUBDIVISION TEN OF SECTION
 265.10 OF THIS ARTICLE; OR
   (12) SUCH PERSON POSSESSES A FIREARM, RIFLE OR SHOTGUN MANUFACTURED OR
 ASSEMBLED AS A GHOST GUN THAT DOES NOT COMPLY  WITH  THE  PROVISIONS  OF
 SUBDIVISION NINE OF SECTION 265.10 OF THIS ARTICLE.
   §  3.  Section  265.10 of the penal law is amended by adding three new
 subdivisions 8, 9 and 10 to read as follows:
   8. ANY PERSON, OTHER THAN A GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER, WHO ASSEMBLES, MANUFACTURES,  OR  CAUSES  TO  BE
 ASSEMBLED  OR  MANUFACTURED,  A FIREARM, RIFLE OR SHOTGUN IS GUILTY OF A
 CLASS C FELONY.
   9. FOR ALL FIREARMS, RIFLES AND SHOTGUNS MANUFACTURED,  ASSEMBLED,  OR
 CAUSED  TO BE MANUFACTURED OR ASSEMBLED, SOLD, EXCHANGED, DISPOSED OF OR
 POSSESSED:   (A) EACH MAJOR COMPONENT MUST  BE  DETECTABLE  BY  A  METAL
 DETECTOR  CALIBRATED  TO  DETECT  3.7  OUNCES  OF TYPE 17-4 PH STAINLESS
 STEEL; AND (B)  EACH  MAJOR  COMPONENT,  IF  SUBJECT  TO  THE  TYPES  OF
 DETECTION DEVICES COMMONLY USED AT AIRPORTS FOR SECURITY SCREENING, MUST
 GENERATE  AN  IMAGE  THAT ADEQUATELY DEPICTS THE SHAPE OF THE COMPONENT.
 ANY GUNSMITH WHO FAILS TO COMPLY WITH THIS SUBDIVISION SHALL  BE  GUILTY
 OF A CLASS C FELONY.
   10.  ALL  GHOST GUNS MANUFACTURED, ASSEMBLED, OR CAUSED TO BE MANUFAC-
 TURED OR ASSEMBLED BY A GUNSMITH SHALL BE REGISTERED WITH THE  LICENSING
 OFFICER  IN  THE  CITY  OR  COUNTY  WHERE  THE GUNSMITH IS LOCATED. SUCH
 LICENSING OFFICER, IN CONSULTATION WITH THE DIVISION  OF  STATE  POLICE,
 SHALL ISSUE A UNIQUE SERIAL NUMBER FOR EACH FIREARM, RIFLE OR SHOTGUN SO
 REGISTERED.  FOR EACH SUCH GHOST GUN, RECORDS REFLECTING THE IDENTITY OF
 THE MANUFACTURING OR ASSEMBLING GUNSMITH AND THE SERIAL  NUMBER  OF  THE
 GHOST GUN SHALL BE INCLUDED IN THE STATEWIDE LICENSE AND RECORD DATABASE
 ESTABLISHED  PURSUANT TO SECTION 400.02 OF THIS CHAPTER. THE MANUFACTUR-
 ING OR ASSEMBLING GUNSMITH SHALL ENGRAVE OR PERMANENTLY AFFIX THE SERIAL
 NUMBER TO THE FIREARM, RIFLE OR  SHOTGUN  IN  A  MANNER  THAT  MEETS  OR
 EXCEEDS  THE  REQUIREMENTS  IMPOSED  ON  LICENSED IMPORTERS AND LICENSED
 MANUFACTURERS OF SHOTGUNS PURSUANT TO SUBSECTION (I) OF SECTION  923  OF
 TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THER-
 ETO.  ANY  GUNSMITH  WHO  FAILS TO COMPLY WITH THIS SUBDIVISION SHALL BE
 GUILTY OF A CLASS C FELONY.
   § 4. Section 265.11 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:
 § 265.11 Criminal sale of a firearm in the third degree.
   A person is guilty of criminal sale of a firearm in the  third  degree
 when:

 S. 9145                             3
 
   (1) such person is not authorized pursuant to law to possess a firearm
 and such person unlawfully either:
   [(1)]  (A)  sells,  exchanges, gives or disposes of a firearm or large
 capacity ammunition feeding device to another person; or
   [(2)] (B) possesses a firearm with the intent to sell it[.];
   (2) SUCH PERSON IS NOT A GUNSMITH OR DEALER DULY LICENSED PURSUANT  TO
 SECTION  400.00  OF THIS CHAPTER AND SUCH PERSON SELLS, EXCHANGES, GIVES
 OR DISPOSES OF A FIREARM, RIFLE OR SHOTGUN MANUFACTURED OR ASSEMBLED  AS
 A  GHOST GUN, UNLESS SUCH SALE, EXCHANGE, GIFT OR DISPOSAL IS IN COMPLI-
 ANCE WITH ALL REQUIREMENTS UNDER STATE AND FEDERAL LAW RELATING  TO  THE
 SALE, EXCHANGE, GIFT OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS AND:
   (A)  THE RECIPIENT HOLDS A FEDERAL FIREARMS LICENSE ISSUED PURSUANT TO
 SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE;
   (B) THE RECIPIENT IS A PEACE OFFICER, AS DESCRIBED IN SECTION 2.10  OF
 THE CRIMINAL PROCEDURE LAW;
   (C)  THE  RECIPIENT IS A FEDERAL LAW ENFORCEMENT OFFICER, AS DESCRIBED
 IN SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW; OR
   (D) THE SALE, EXCHANGE, GIFT, OR DISPOSAL IS  BETWEEN  MEMBERS  OF  AN
 IMMEDIATE  FAMILY,  AS  DEFINED IN SECTION EIGHT HUNDRED NINETY-EIGHT OF
 THE GENERAL BUSINESS LAW; OR
   (3) SUCH PERSON SELLS, EXCHANGES, GIVES OR DISPOSES OF  AN  UNFINISHED
 FIREARM FRAME OR RECEIVER, UNLESS:
   (A)  THE  RECIPIENT  IS  A  GUNSMITH DULY LICENSED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER;
   (B) THE RECIPIENT IS A PEACE OFFICER, AS DESCRIBED IN SECTION 2.10  OF
 THE CRIMINAL PROCEDURE LAW; OR
   (C)  THE  RECIPIENT IS A FEDERAL LAW ENFORCEMENT OFFICER, AS DESCRIBED
 IN SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW.
   Criminal sale of a firearm in the third degree is a class D felony.
   § 5. Section 265.12 of the penal law, as amended by chapter 764 of the
 laws of 2005, is amended to read as follows:
 § 265.12 Criminal sale of a firearm in the second degree.
   A person is guilty of criminal sale of a firearm in the second  degree
 when such person:
   (1)  unlawfully sells, exchanges, gives or disposes of to another five
 or more firearms; [or]
   (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
 person  or  persons  a total of five or more firearms in a period of not
 more than one year[.];
   (3) BEING A GUNSMITH OR  DEALER  DULY  LICENSED  PURSUANT  TO  SECTION
 400.00  OF  THIS CHAPTER, SELLS, EXCHANGES, GIVES OR DISPOSES OF A GHOST
 GUN THAT HAS NOT BEEN REGISTERED WITH A LICENSING OFFICER  AND  ENGRAVED
 OR  PERMANENTLY  AFFIXED WITH A SERIAL NUMBER AS PROVIDED IN SUBDIVISION
 TEN OF SECTION 265.10 OF THIS ARTICLE; OR
   (4) BEING A GUNSMITH OR  DEALER  DULY  LICENSED  PURSUANT  TO  SECTION
 400.00  OF  THIS  CHAPTER,  SELLS,  EXCHANGES,  GIVES  OR  DISPOSES OF A
 FIREARM, RIFLE OR SHOTGUN MANUFACTURED OR ASSEMBLED AS A GHOST GUN  THAT
 DOES  NOT  COMPLY  WITH  THE  PROVISIONS  OF  SUBDIVISION NINE OR TEN OF
 SECTION 265.10 OF THIS ARTICLE.
   Criminal sale of a firearm in the second degree is a class C felony.
   § 6. The penal law is amended by adding a new section 265.38  to  read
 as follows:
 § 265.38 UNLAWFUL  DISSEMINATION  OF  INSTRUCTIONS FOR THE ASSEMBLY OF A
            WEAPON.
   IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTENTIONALLY PUBLISH, OVER THE
 INTERNET OR BY MEANS OF THE WORLD WIDE WEB, DIGITAL INSTRUCTIONS IN  THE

 S. 9145                             4
 
 FORM OF COMPUTER AIDED DESIGN FILES OR OTHER CODE THAT CAN AUTOMATICALLY
 PROGRAM  A  THREE-DIMENSIONAL  PRINTER  OR  SIMILAR  DEVICE TO PRODUCE A
 FIREARM, RIFLE OR SHOTGUN.
   UNLAWFUL DISSEMINATION OF INSTRUCTIONS FOR THE ASSEMBLY OF A WEAPON IS
 A CLASS D FELONY.
   §  7.  Paragraph  (c)  of subdivision 1, paragraph (b) and the opening
 paragraph of paragraph (c) of subdivision 2  of  section  70.02  of  the
 penal  law,  paragraph (c) of subdivision 1 as amended by chapter 368 of
 the laws of 2015, paragraph (b) of subdivision 2 as amended  by  section
 122  of  subpart  B of part C of chapter 62 of the laws of 2011, and the
 opening paragraph of paragraph (c) of subdivision 2 as amended by  chap-
 ter 1 of the laws of 2013, are amended to read as follows:
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section 120.18, stalking in the first degree, as defined in  subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, rape in the second degree as defined in section  130.30,
 criminal  sexual  act in the second degree as defined in section 130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual conduct against a child  in  the  second  degree  as  defined  in
 section  130.80,  aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
 possession  of  a  weapon  in the third degree as defined in subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined  in  section  265.11,  UNLAWFUL
 DISSEMINATION OF INSTRUCTIONS FOR THE ASSEMBLY OF A WEAPON AS DEFINED IN
 SECTION 265.38, intimidating a victim or witness in the second degree as
 defined in section 215.16, soliciting or providing support for an act of
 terrorism  in the second degree as defined in section 490.10, and making
 a terroristic threat as defined in section 490.20, falsely reporting  an
 incident  in  the  first  degree as defined in section 240.60, placing a
 false bomb or hazardous substance in the  first  degree  as  defined  in
 section  240.62, placing a false bomb or hazardous substance in a sports
 stadium or arena, mass transportation facility or enclosed shopping mall
 as defined in section 240.63, and aggravated unpermitted use  of  indoor
 pyrotechnics in the first degree as defined in section 405.18.
   (b)  Except as provided in paragraph (b-1) of this subdivision, subdi-
 vision six of section 60.05 and subdivision four of  this  section,  the
 sentence imposed upon a person who stands convicted of a class D violent
 felony offense, other than the offense of criminal possession of a weap-
 on in the third degree as defined in subdivision five, seven or eight of
 section  265.02  [or], criminal sale of a firearm in the third degree as
 defined in section 265.11 OR UNLAWFUL DISSEMINATION OF INSTRUCTIONS  FOR
 THE  ASSEMBLY  OF  A  WEAPON  AS  DEFINED  IN SECTION 265.38, must be in
 accordance with the applicable provisions of this  chapter  relating  to
 sentencing for class D felonies provided, however, that where a sentence
 of  imprisonment  is  imposed  which  requires a commitment to the state
 department of corrections and community supervision, such sentence shall
 be a determinate sentence in accordance with paragraph (c)  of  subdivi-
 sion three of this section.
   Except  as  provided in subdivision six of section 60.05, the sentence
 imposed upon a person who stands convicted of the class D violent felony

 S. 9145                             5
 
 offenses of criminal possession of a  weapon  in  the  third  degree  as
 defined  in  subdivision  five,  seven, eight or nine of section 265.02,
 criminal sale of a firearm in the third degree  as  defined  in  section
 265.11,  UNLAWFUL  DISSEMINATION  OF  INSTRUCTIONS FOR THE ASSEMBLY OF A
 WEAPON AS DEFINED IN SECTION 265.38 or the class E violent  felonies  of
 attempted criminal possession of a weapon in the third degree as defined
 in  subdivision  five,  seven, eight or nine of section 265.02 must be a
 sentence to a determinate period of imprisonment, or,  in  the  alterna-
 tive,  a  definite sentence of imprisonment for a period of no less than
 one year, except that:
   § 8. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
 law,  as  amended by chapter 368 of the laws of 2015, is amended to read
 as follows:
   (a) Any of the felonies set forth in this  chapter:  sections  120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
 135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
 labor trafficking; section 135.65 relating to coercion; sections 140.20,
 140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
 145.12 relating to criminal mischief; article one hundred fifty relating
 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
 larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
 care fraud; article one hundred  sixty  relating  to  robbery;  sections
 165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
 stolen property; sections 165.72 and 165.73 relating to trademark  coun-
 terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
 176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
 to criminal diversion of  prescription  medications  and  prescriptions;
 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
 200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
 215.00, 215.05 and 215.19; sections 187.10, 187.15,  187.20  and  187.25
 relating  to  residential  mortgage  fraud,  sections  190.40 and 190.42
 relating to criminal  usury;  section  190.65  relating  to  schemes  to
 defraud; any felony defined in article four hundred ninety-six; sections
 205.60  and  205.65  relating to hindering prosecution; sections 210.10,
 210.15, and 215.51 relating to  perjury  and  contempt;  section  215.40
 relating  to  tampering with physical evidence; sections 220.06, 220.09,
 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,  220.46,
 220.55,  220.60,  220.65  and  220.77 relating to controlled substances;
 sections 225.10  and  225.20  relating  to  gambling;  sections  230.25,
 230.30,  and  230.32  relating to promoting prostitution; section 230.34
 relating to sex trafficking; sections 235.06, 235.07, 235.21 and  235.22
 relating  to obscenity; sections 263.10 and 263.15 relating to promoting
 a sexual performance  by  a  child;  sections  265.02,  265.03,  265.04,
 265.11,  265.12,  265.13  and  the  provisions  of  section 265.10 which
 constitute a felony relating to firearms and  other  dangerous  weapons;
 sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
 SECTION 265.38 RELATING TO UNLAWFUL DISSEMINATION  OF  INSTRUCTIONS  FOR
 THE  ASSEMBLY  OF  A  WEAPON;  section 275.10, 275.20, 275.30, or 275.40
 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15
 and 470.20 relating to money laundering; or

 S. 9145                             6
 
   § 9. Paragraph f of subdivision 1 of section 410 of the general  busi-
 ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
 read as follows:
   f.  Conviction  of any of the following crimes subsequent to the issu-
 ance of a license or registration pursuant to this article: fraud pursu-
 ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
 190.65;  falsifying  business  records pursuant to section 175.10; grand
 larceny pursuant to article 155; bribery pursuant  to  sections  180.03,
 180.08,  180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
 200.45, 200.50; perjury pursuant to  sections  210.10,  210.15,  210.40;
 assault  pursuant  to  sections  120.05, 120.10, 120.11, 120.12; robbery
 pursuant to article  160;  homicide  pursuant  to  sections  125.25  and
 125.27;  manslaughter pursuant to sections 125.15 and 125.20; kidnapping
 and unlawful  imprisonment  pursuant  to  sections  135.10,  135.20  and
 135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03
 and 265.04; criminal use of a weapon pursuant  to  sections  265.08  and
 265.09;  criminal  sale  of  a  weapon  pursuant  to sections 265.11 and
 265.12; UNLAWFUL DISSEMINATION OF INSTRUCTIONS FOR  THE  ASSEMBLY  OF  A
 WEAPON AS DEFINED IN SECTION 265.38; compelling prostitution pursuant to
 section  230.33;  sex  trafficking  pursuant  to section 230.34; and sex
 offenses pursuant to article 130 of the penal  law.  Provided,  however,
 that  for  the  purposes of this article, none of the following shall be
 considered criminal convictions or reported as such:  (i)  a  conviction
 for  which an executive pardon has been issued pursuant to the executive
 law; (ii) a conviction which has been vacated and replaced by a youthful
 offender finding pursuant to article seven hundred twenty of the  crimi-
 nal  procedure  law,  or  the  applicable provisions of law of any other
 jurisdiction; or (iii) a conviction  the  records  of  which  have  been
 expunged  or sealed pursuant to the applicable provisions of the laws of
 this state or of any other jurisdiction; and (iv) a conviction for which
 other evidence of successful rehabilitation to remove the disability has
 been issued.
   § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, is amended
 to read as follows:
   (b) Any of the following felonies: assault in  the  second  degree  as
 defined  in section 120.05 of the penal law, assault in the first degree
 as defined in section 120.10 of the penal law, reckless endangerment  in
 the  first degree as defined in section 120.25 of the penal law, promot-
 ing a suicide attempt as defined in section 120.30  of  the  penal  law,
 strangulation  in  the second degree as defined in section 121.12 of the
 penal law, strangulation in the  first  degree  as  defined  in  section
 121.13  of  the  penal  law, criminally negligent homicide as defined in
 section 125.10 of the penal law, manslaughter in the  second  degree  as
 defined  in  section  125.15 of the penal law, manslaughter in the first
 degree as defined in section 125.20 of the  penal  law,  murder  in  the
 second  degree  as defined in section 125.25 of the penal law, murder in
 the first degree as defined in section 125.27 of the penal law, abortion
 in the second degree as defined in section  125.40  of  the  penal  law,
 abortion  in  the first degree as defined in section 125.45 of the penal
 law, rape in the third degree as defined in section 130.25 of the  penal
 law, rape in the second degree as defined in section 130.30 of the penal
 law,  rape in the first degree as defined in section 130.35 of the penal
 law, criminal sexual act in the  third  degree  as  defined  in  section
 130.40  of  the  penal  law, criminal sexual act in the second degree as
 defined in section 130.45 of the penal law, criminal sexual act  in  the

 S. 9145                             7
 
 first degree as defined in section 130.50 of the penal law, sexual abuse
 in  the  first  degree  as  defined  in section 130.65 of the penal law,
 unlawful imprisonment in the first degree as defined in  section  135.10
 of  the penal law, kidnapping in the second degree as defined in section
 135.20 of the penal law, kidnapping in the first degree  as  defined  in
 section 135.25 of the penal law, labor trafficking as defined in section
 135.35  of  the  penal  law,  aggravated labor trafficking as defined in
 section 135.37 of the penal law, custodial  interference  in  the  first
 degree  as  defined  in section 135.50 of the penal law, coercion in the
 first degree as defined in section 135.65 of  the  penal  law,  criminal
 trespass  in  the first degree as defined in section 140.17 of the penal
 law, burglary in the third degree as defined in section  140.20  of  the
 penal law, burglary in the second degree as defined in section 140.25 of
 the penal law, burglary in the first degree as defined in section 140.30
 of  the  penal  law, criminal mischief in the third degree as defined in
 section 145.05 of the penal law, criminal mischief in the second  degree
 as  defined in section 145.10 of the penal law, criminal mischief in the
 first degree as defined in section 145.12 of  the  penal  law,  criminal
 tampering  in the first degree as defined in section 145.20 of the penal
 law, arson in the fourth degree as defined  in  section  150.05  of  the
 penal law, arson in the third degree as defined in section 150.10 of the
 penal  law,  arson  in the second degree as defined in section 150.15 of
 the penal law, arson in the first degree as defined in section 150.20 of
 the penal law, grand larceny in the fourth degree as defined in  section
 155.30 of the penal law, grand larceny in the third degree as defined in
 section  155.35  of the penal law, grand larceny in the second degree as
 defined in section 155.40 of the penal law, grand larceny in  the  first
 degree  as defined in section 155.42 of the penal law, health care fraud
 in the fourth degree as defined in section  177.10  of  the  penal  law,
 health  care  fraud  in the third degree as defined in section 177.15 of
 the penal law, health care fraud in the  second  degree  as  defined  in
 section  177.20  of the penal law, health care fraud in the first degree
 as defined in section 177.25 of the penal  law,  robbery  in  the  third
 degree  as  defined  in  section 160.05 of the penal law, robbery in the
 second degree as defined in section 160.10 of the penal law, robbery  in
 the first degree as defined in section 160.15 of the penal law, unlawful
 use  of  secret  scientific material as defined in section 165.07 of the
 penal law, criminal possession of stolen property in the  fourth  degree
 as  defined  in  section 165.45 of the penal law, criminal possession of
 stolen property in the third degree as defined in section 165.50 of  the
 penal  law,  criminal possession of stolen property in the second degree
 as defined by section 165.52 of the penal law,  criminal  possession  of
 stolen  property in the first degree as defined by section 165.54 of the
 penal law, trademark counterfeiting in the second degree as  defined  in
 section  165.72  of the penal law, trademark counterfeiting in the first
 degree as defined in section 165.73 of the penal  law,  forgery  in  the
 second  degree as defined in section 170.10 of the penal law, forgery in
 the first degree as defined in section 170.15 of the penal law, criminal
 possession of a forged instrument in the second  degree  as  defined  in
 section 170.25 of the penal law, criminal possession of a forged instru-
 ment  in the first degree as defined in section 170.30 of the penal law,
 criminal possession of forgery devices as defined in section  170.40  of
 the  penal  law,  falsifying  business  records  in  the first degree as
 defined in section 175.10  of  the  penal  law,  tampering  with  public
 records  in  the  first degree as defined in section 175.25 of the penal
 law, offering a false instrument for  filing  in  the  first  degree  as

 S. 9145                             8
 
 defined  in section 175.35 of the penal law, issuing a false certificate
 as defined in section 175.40 of the penal  law,  criminal  diversion  of
 prescription  medications  and  prescriptions  in  the  second degree as
 defined  in  section  178.20  of  the  penal  law, criminal diversion of
 prescription medications  and  prescriptions  in  the  first  degree  as
 defined  in  section 178.25 of the penal law, residential mortgage fraud
 in the fourth degree as defined in section  187.10  of  the  penal  law,
 residential  mortgage  fraud  in  the third degree as defined in section
 187.15 of the penal law, residential mortgage fraud in the second degree
 as defined in section 187.20 of  the  penal  law,  residential  mortgage
 fraud in the first degree as defined in section 187.25 of the penal law,
 escape  in  the  second degree as defined in section 205.10 of the penal
 law, escape in the first degree as defined  in  section  205.15  of  the
 penal  law,  absconding  from  temporary  release in the first degree as
 defined in section 205.17 of the penal law, promoting prison  contraband
 in  the  first  degree  as  defined  in section 205.25 of the penal law,
 hindering prosecution in the second degree as defined in section  205.60
 of  the  penal law, hindering prosecution in the first degree as defined
 in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
 section  230.34 of the penal law, criminal possession of a weapon in the
 third degree as defined in subdivisions two, three and five  of  section
 265.02  of  the penal law, criminal possession of a weapon in the second
 degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
 possession  of a weapon in the first degree as defined in section 265.04
 of the penal law, manufacture, transport, disposition and defacement  of
 weapons  and dangerous instruments and appliances defined as felonies in
 subdivisions one, two, and three of section 265.10  of  the  penal  law,
 sections 265.11, 265.12 and 265.13 of the penal law, [or] prohibited use
 of  weapons as defined in subdivision two of section 265.35 of the penal
 law, relating to firearms and other dangerous weapons, UNLAWFUL  DISSEM-
 INATION  OF  INSTRUCTIONS  FOR  THE  ASSEMBLY  OF A WEAPON AS DEFINED IN
 SECTION 265.38 OF THE PENAL LAW, or failure to disclose the origin of  a
 recording  in the first degree as defined in section 275.40 of the penal
 law;
   § 11. Subparagraph i of paragraph 7 of subdivision a of section  9-131
 of  the  administrative  code of the city of New York, as added by local
 law number 58 of the city of New York for the year 2014, is  amended  to
 read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
 120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
 130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
 130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
 130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
 160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
 220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
 230.32, 230.33, 230.34, 235.22, 240.06, 240.55, 240.60, 240.61,  240.62,
 240.63,  240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05,
 263.10, 263.11, 263.15, 263.16, 263.30,  265.01-a,  265.01-b,  265.02(2)
 through  (8),  265.03,  265.04,  265.08, 265.09, 265.10, 265.11, 265.12,
 265.13, 265.14,  265.16,  265.17,  265.19,  265.35(2),  265.38,  270.30,
 270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22,  470.23, 470.24,

 S. 9145                             9
 
 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,  490.45,
 490.47, 490.50, or 490.55;
   § 12. Subparagraph i of paragraph 6 of subdivision a of section 14-154
 of  the  administrative  code of the city of New York, as added by local
 law number 59 of the city of New York for the year 2014, is  amended  to
 read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
 120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
 130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
 130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
 130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
 160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
 220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
 230.32, 230.33, 230.34, 235.22, 240.06, 240.55, 240.60, 240.61,  240.62,
 240.63,  240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05,
 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b,  265.02  (2)
 through  (8),  265.03,  265.04,  265.08, 265.09, 265.10, 265.11, 265.12,
 265.13, 265.14,  265.16,  265.17,  265.19,  265.35(2),  265.38,  270.30,
 270.35,  405.16(l),  405.18,  460.22,  470.21,  470.22,  470.23, 470.24,
 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,  490.45,
 490.47, 490.50, or 490.55;
   §  13.  This  act  shall  take  effect  on  the first of November next
 succeeding the date upon which it shall have  become  a  law.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made on or before such effective date.

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Senate Bill S9145

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2017-S9145 (ACTIVE) - Details

2017-S9145 (ACTIVE) - Summary

2017-S9145 (ACTIVE) - Sponsor Memo

2017-S9145 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9145

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2017-S9145 (ACTIVE) - Details

2017-S9145 (ACTIVE) - Summary

2017-S9145 (ACTIVE) - Sponsor Memo

2017-S9145 (ACTIVE) - Bill Text download pdf

Comments