-  This bill is not active in this session.
 

A04816 Summary:

BILL NOA04816
 
SAME ASSAME AS S04202
 
SPONSORColton (MS)
 
COSPNSRWeprin, Zebrowski, Jaffee, Lavine, Miller MG, Arroyo, McDonough, Blake, Lawrence, Abinanti, Dickens, D'Urso, Gottfried, Montesano, Cruz, Cook, Fernandez
 
MLTSPNSRGriffin, Rivera, Simon
 
Amd §§265.00, 265.01 & 265.10, Pen L
 
Prohibits the manufacture, transport, shipment or possession of an undetectable knife.
Go to top    

A04816 Actions:

BILL NOA04816
 
02/05/2019referred to codes
06/04/2019reported referred to rules
06/05/2019reported
06/05/2019rules report cal.79
06/05/2019ordered to third reading rules cal.79
06/20/2019substituted by s4202
 S04202 AMEND= SAVINO
 03/04/2019REFERRED TO CODES
 05/20/20191ST REPORT CAL.810
 05/21/20192ND REPORT CAL.
 05/22/2019ADVANCED TO THIRD READING
 06/18/2019PASSED SENATE
 06/18/2019DELIVERED TO ASSEMBLY
 06/18/2019referred to codes
 06/20/2019substituted for a4816
 06/20/2019ordered to third reading rules cal.79
 06/20/2019passed assembly
 06/20/2019returned to senate
 08/05/2019DELIVERED TO GOVERNOR
 08/06/2019SIGNED CHAP.146
Go to top

A04816 Committee Votes:

CODES Chair:Lentol DATE:06/04/2019AYE/NAY:22/0 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Gottfried DATE:06/05/2019AYE/NAY:21/6 Action: Favorable
HeastieExcusedKolbNay
GottfriedAyeCrouchNay
LentolAyeFinchAye
GanttExcusedBarclayNay
NolanExcusedRaiaNay
WeinsteinAyeHawleyNay
OrtizAyeGiglioNay
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinExcused
TitusAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

Go to top

A04816 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A04816 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4816
 
SPONSOR: Colton (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the manufac- ture, transport or shipment of undetectable knives and prohibiting the possession of such knives   PURPOSE OR GENERAL IDEA OF BILL: To prohibit the manufacture, transportation, shipment and possession of an undetectable knife as defined.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends S 265.00 of the penal law to add a new subdivision 5-d "Undetectable knife." Section 2 amends § 265.01, subdivision (2) of the penal law to read that any person who possesses an undetectable knife with the intent to use unlawfully against another will be charged with a class A misdemeanor. Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law, making the manufacture, transportation or shipment of an undetectable knife a class A misdemeanor.   JUSTIFICATION: The original intent for the manufacture and sale of undetectable knives was based on their advantageous use for the police and military during covert operations. However, the general public has access to the purchase of these weapons through online weapons distributors, print catalogues, and other weapons outlets. These weapons are strong enough to penetrate steel drums, car doors, wood planks, etc. without damage to the knife. These weapons are also serrated and can be sharpened with standard sharpening devices used for metal knives. It is equally troubling that they are advertised as being non-magnetic and can escape detection. In one instance, an undetectable knife was used in a Compton, California courtroom, where a defendant smuggled a ten inch non-metallic knife past metal detectors and stabbed two bailiffs. These weapons present a severe security risk to any building that utilizes a metal detector for the prevention of violence or possible terrorist gets. The proliferation of these knives in our society and those who seek to inflict harm in areas where security is closely moni- tored is a threat where immediate actions must be taken. We know first- hand how the possession of a seemingly innocuous tool was used to hijack three planes and take thousands of lives. We must learn from prior complacency and assume the role of a legislative body that acts proac- tively before a scheme targeting innocents materializes into reality. This bill would allow members of the military, police officers and other persons exempted the possession, transportation or shipment provisions in § 265.01 and § 265.10 of the penal law, to retain or obtain this weapon for official use, The statutory authority for this exemption derives from § 265.20 of the panel law. This legislation is modeled after a provision in California's "Dangerous Weapons Control Law."   PRIOR LEGISLATIVE HISTORY: 2013-14: 2092-A/Passed; S.4784-A/Codes 2009-10: A.10036/Codes; S.6938/Codes   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Go to top

A04816 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4816
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  COLTON,  WEPRIN,  ZEBROWSKI, JAFFEE, LAVINE,
          M. G. MILLER, ARROYO, McDONOUGH, BLAKE, LAWRENCE,  ABINANTI,  DICKENS,
          D'URSO,  GOTTFRIED,  MONTESANO -- Multi-Sponsored by -- M. of A. COOK,
          RIVERA, SIMON -- read once and referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to prohibiting  the  manufac-
          ture, transport or shipment of undetectable knives and prohibiting the
          possession of such knives
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 265.00 of the penal law is amended by adding a  new
     2  subdivision 5-d to read as follows:
     3    5-d.  "Undetectable  knife" means any knife or other instrument, which
     4  does not utilize materials that are detectable by a  metal  detector  or
     5  magnetometer  when  set  at  a  standard calibration, that is capable of
     6  ready use as a stabbing or cutting weapon and was commercially  manufac-
     7  tured to be used as a weapon.
     8    §  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
     9  chapter 269 of the laws of 2016, is amended to read as follows:
    10    (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
    11  razor,  stiletto,  imitation  pistol,  undetectable  knife  or any other
    12  dangerous or deadly instrument or weapon with intent  to  use  the  same
    13  unlawfully against another; or
    14    §  3.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
    15  amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
    16  follows:
    17    1.  Any  person  who  manufactures  or  causes  to be manufactured any
    18  machine-gun, assault weapon, large capacity ammunition feeding device or
    19  disguised gun is guilty of a class D felony. Any person who manufactures
    20  or causes to be manufactured any switchblade knife, gravity knife, pilum
    21  ballistic  knife,  metal  knuckle  knife,  undetectable  knife,   billy,
    22  blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03754-01-9

        A. 4816                             2
 
     1  chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
     2  misdemeanor.
     3    2. Any person who transports or ships any machine-gun, firearm silenc-
     4  er,  assault  weapon  or  large  capacity  ammunition  feeding device or
     5  disguised gun, or who transports or ships as merchandise  five  or  more
     6  firearms,  is  guilty  of a class D felony. Any person who transports or
     7  ships as merchandise any firearm, other than an assault weapon,  switch-
     8  blade  knife,  gravity knife, pilum ballistic knife, undetectable knife,
     9  billy, blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu
    10  star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
    11  nor.
    12    § 4. This act shall take effect on the first of November next succeed-
    13  ing the date on which it shall have become a law.
Go to top

A04816 LFIN:

 NO LFIN
Go to top

A04816 Chamber Video/Transcript:

6-11-19Video (@ 00:44:27)Transcript pdf Transcript html
6-20-19Video (@ 00:38:06)Transcript pdf Transcript html
Go to top