Senate Bill S7642

2023-2024 Legislative Session

Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a weapon, outside the home, while intoxicated; repealer

download bill text pdf

Sponsored By

Current 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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2023-S7642 (ACTIVE) - Details

See Assembly Version of this Bill:
A8032
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§80.05, 265.00, 265.01, 265.20 & 400.00, add §§265.70 & 265.75, rpld §265.01 sub 3, Pen L

2023-S7642 (ACTIVE) - Summary

Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a firearm, rifle or shotgun, outside the home, while impaired or intoxicated by use of alcohol or drugs; increases maximum fine for such offense to $10,000; provides for chemical testing of certain persons for whom there is reasonable cause to believe are in violation of such provision; provides for revocation of firearms permit upon conviction or refusal of a chemical test.

2023-S7642 (ACTIVE) - Sponsor Memo

2023-S7642 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7642
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 23, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 possession of a firearm,
   rifle or shotgun while under the influence of alcohol or drugs; and to
   repeal subdivision 3 of section 265.01 of such law relating to  crimi-
   nal possession of a weapon in the fourth degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 80.05 of the penal law, as amended
 by chapter 669 of the laws of 1984, is amended to read as follows:
   1. Class A misdemeanor. A sentence to pay a fine for a class A  misde-
 meanor  shall  be  a  sentence to pay an amount, fixed by the court, not
 exceeding one thousand  dollars,  provided,  however,  that  a  sentence
 imposed for a violation of:
   (A)  section  215.80  of  this chapter may include a fine in an amount
 equivalent to double the value of the property unlawfully disposed of in
 the commission of the crime; AND
   (B) SUBDIVISION TWELVE OF SECTION 265.01 OF THIS CHAPTER MAY INCLUDE A
 FINE, FIXED BY THE COURT, NOT EXCEEDING TEN THOUSAND DOLLARS.
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36. "DRUG" MEANS ANY CONTROLLED SUBSTANCE LISTED  IN  SECTION  THIRTY-
 THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   § 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.
   § 4. Subdivisions 4, 5, 6, 7 and 8 of section 265.01 of the penal law,
 subdivisions  4, 5, 6 and 7 as amended by chapter 1 of the laws of 2013,
 subdivision 8 as amended by chapter 520 of the laws of 2021, are amended
 and a new subdivision 12 is added to read as follows:
   (4) He OR SHE possesses  a  rifle,  shotgun,  antique  firearm,  black
 powder  rifle,  black powder shotgun, or any muzzle-loading firearm, and
 has been convicted of a felony or serious offense; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13121-01-3
              

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