S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    293
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, ABINANTI, JAFFEE, WEPRIN
   -- 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 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01573-01-9
              

 A. 293                              2
 
   (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,
 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.

 A. 293                              3
 
   § 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.