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A00293 Summary:

BILL NOA00293
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRGottfried, Abinanti, Jaffee, Weprin
 
MLTSPNSR
 
Add §400.15, Pen L; add §97-cc, St Fin L
 
Establishes the municipal gun tip hotline program and the municipal gun tip hotline fund.
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A00293 Floor Votes:

There are no votes for this bill in this legislative session.
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A00293 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           293
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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:
 
     1    Section  1. The penal law is amended by adding a new section 400.15 to
     2  read as follows:
     3  § 400.15 Municipal gun tip hotline program.
     4    1. For purposes of this section, the following terms  shall  have  the
     5  following meanings:
     6    (a) "Agency" means the police force or department of any county, city,
     7  town, or village or a county sheriff.
     8    (b)  "Municipal  gun tip hotline program" means any program in which a
     9  fully functioning illegal firearm, rifle, shotgun or ammunition  may  be
    10  reported or surrendered to an agency pursuant to this section.
    11    (c) "Superintendent" means the superintendent of the division of state
    12  police.
    13    (d) "Secretary" means the secretary of the department of state.
    14    2.  The municipal gun tip hotline program is hereby established. Agen-
    15  cies may participate at their option as funds are allocated through  the
    16  municipal gun tip hotline fund established under section ninety-seven-cc
    17  of the state finance law.
    18    3. The division of state police, in conjunction with the department of
    19  state  shall  administer this program and promulgate any rules and regu-
    20  lations the superintendent deems necessary  for  the  implementation  of
    21  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
 
     1    (a)  guidelines  for an agency participating in the program to coordi-
     2  nate with community groups  within  its  jurisdiction.  Such  guidelines
     3  shall include, but not be limited to:
     4    (i)  allowing  individuals  to  anonymously  report or turn in illegal
     5  fully functioning guns and then collect a five hundred dollar reward;
     6    (ii) all calls are anonymous and no arrest or conviction  is  required
     7  for the caller to receive the reward; and
     8    (iii)  individuals  with information about the location of fully func-
     9  tioning illegal guns or who wish to turn in such firearms shall make two
    10  phone calls to the anonymous tip  hotline  established  by  the  agency.
    11  During  the  initial  phone  conversation  in  which the caller provides
    12  information about the illegal firearm, the caller receives  a  confiden-
    13  tial  identification  number  and  is instructed to call back at a later
    14  date. During the second phone call, the caller uses  the  identification
    15  number  to check whether an illegal firearm was recovered as a result of
    16  the initial call and, if so, the caller is provided a second identifica-
    17  tion number and instructed  to  communicate  with  a  specific  bank  to
    18  collect the reward of five hundred dollars;
    19    (b)  the  manner  in  which an agency may apply for funds to support a
    20  municipal gun tip hotline program and the manner in which the funds will
    21  be allocated and distributed;
    22    (c)  guidelines  for  the  safe  storage  and  disposal  of  recovered
    23  firearms,  rifles,  shotguns,  or  ammunition  in  the possession of the
    24  participating agency, return of any recovered  stolen  property  to  its
    25  rightful  owner  as  appropriate,  and  retention  for  evidence  of any
    26  firearm, rifle, or shotgun determined to have been used in a crime; and
    27    (d) provisions for checking the serial number of every firearm, rifle,
    28  or shotgun obtained by such gun buyback program  against  the  New  York
    29  Statewide Police Information Network records.
    30    4.  Any  person  participating  in a municipal gun tip hotline program
    31  pursuant to this section shall be immune from criminal  prosecution  for
    32  the  criminal  offenses  established by sections 265.01, 265.02, 265.03,
    33  and 265.05 of this chapter, provided  the  person  is,  in  good  faith,
    34  acting to surrender a firearm through the program.
    35    5.  Any police agency shall be authorized to develop and implement its
    36  own municipal gun tip hotline program provided it is otherwise permitted
    37  by law and conforms to the rules outlined in subdivision three  of  this
    38  section.
    39    § 2. The state finance law is amended by adding a new section 97-cc to
    40  read as follows:
    41    §  97-cc.  Municipal  gun  tip hotline fund. 1. There is hereby estab-
    42  lished, in the joint custody of the superintendent of state  police  and
    43  the  secretary  of  state  a  fund  to be known as the municipal gun tip
    44  hotline fund.
    45    2. The superintendent and the secretary  shall  promulgate  rules  and
    46  regulations  for  the  implementation  and  distribution of this fund to
    47  assist municipalities in the municipal gun tip  hotline  program  estab-
    48  lished under section 400.15 of the penal law. Such rules and regulations
    49  shall  authorize  police  agencies  that develop and implement their own
    50  plans pursuant to subdivision five of section 400.15 of the penal law to
    51  be eligible to participate  in  the  municipal  gun  tip  hotline  fund,
    52  provided  the superintendent of state police authorizes participation in
    53  the fund.
    54    3. Funding may be allocated from the general fund or acquired  through
    55  donations  from  private  businesses,  charities and individuals or from
    56  assets, seizures and forfeitures collected by the agencies.

        A. 293                              3
 
     1    § 3. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law. Effective immediately, the addition,  amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation  of  this act on its effective date are authorized to be made and
     5  completed on or before such effective date.
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