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A00763 Summary:

BILL NOA00763
 
SAME ASSAME AS S01414
 
SPONSORAbinanti (MS)
 
COSPNSRMosley, Galef, Jaffee, Gottfried, Blake, Richardson, Colton, Rivera, Buchwald, Weprin, Seawright, Simotas, Burke, Cruz, Frontus, Griffin, Jacobson, McMahon, Pichardo, Reyes, Sayegh, Steck, Stern, Buttenschon, Rosenthal D, Fernandez, Dinowitz
 
MLTSPNSRGlick, Lawrence, Ramos, Walker
 
Amd 265.00, 265.20, 70.02 & 460.10, add 265.50 & 265.55, Pen L; amd 700.05, CP L
 
Establishes certain crimes relating to the criminal manufacture or possession of an undetectable firearm, rifle, or shotgun.
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A00763 Actions:

BILL NOA00763
 
01/10/2019referred to codes
01/28/2019reported referred to rules
01/28/2019reported
01/28/2019rules report cal.16
01/28/2019ordered to third reading rules cal.16
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A00763 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           763
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ABINANTI,  MOSLEY, GALEF, JAFFEE, GOTTFRIED,
          BLAKE, RICHARDSON, COLTON,  RIVERA,  BUCHWALD,  WEPRIN,  SEAWRIGHT  --
          Multi-Sponsored by -- M.  of A. GLICK, LAWRENCE, RAMOS, WALKER -- read
          once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
          relation to establishing crimes relating to the criminal possession or
          manufacture of undetectable firearms, rifles or shotguns
 
          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 two
     2  new subdivisions 3-a and 26 to read as follows:
     3    3-a. "Major component of a  firearm,  rifle,  or  shotgun"  means  the
     4  barrel,  the  slide  or cylinder, the frame, or receiver of the firearm,
     5  rifle, or shotgun.
     6    26. "Undetectable" means not detectable by an X-ray machine,  portable
     7  pulsed  x-ray  generator,  metal  detector or magnetometer when set at a
     8  standard calibration, or any other machine used to screen or  inspect  a
     9  person and an object for a firearm, rifle, or shotgun.
    10    §  2.  The  penal law is amended by adding two new sections 265.50 and
    11  265.55 to read as follows:
    12  § 265.50 Criminal manufacture, sale, or  transport  of  an  undetectable
    13             firearm.
    14    A  person  is guilty of criminal manufacture, sale, or transport of an
    15  undetectable firearm when he or she knowingly manufactures, causes to be
    16  manufactured, sells, exchanges, gives, disposes of,  transports,  ships,
    17  or possesses with the intent to sell:
    18    1. any firearm, rifle, or shotgun that, after removal of grips, stocks
    19  and magazines, is undetectable; or
    20    2.  any major component of a firearm, rifle, or shotgun which is unde-
    21  tectable.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04445-01-9

        A. 763                              2
 
     1    Criminal manufacture, sale, or transport of an undetectable firearm is
     2  a class D felony.
     3  § 265.55 Criminal possession of an undetectable firearm.
     4    A  person  is guilty of criminal possession of an undetectable firearm
     5  when he or she knowingly possesses an  undetectable  firearm,  rifle  or
     6  shotgun  or  any  undetectable  major  component of a firearm, rifle, or
     7  shotgun.
     8    Criminal possession of an undetectable firearm is a class E felony.
     9    § 3. The opening paragraph and the opening paragraph of paragraph 1 of
    10  subdivision a of section 265.20 of the penal law, the opening  paragraph
    11  as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
    12  the  opening  paragraph of paragraph 1 as amended by chapter 1041 of the
    13  laws of 1974, are amended to read as follows:
    14    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    15  265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
    16  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,  265.37,
    17  265.50, 265.55 and 270.05 shall not apply to:
    18    Possession   of   any  of  the  weapons,  instruments,  appliances  or
    19  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
    20  265.50, 265.55 and 270.05 by the following:
    21    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    22  as amended by chapter 368 of the laws of 2015, is  amended  to  read  as
    23  follows:
    24    (c)  Class  D violent felony offenses: an attempt to commit any of the
    25  class C felonies set forth in paragraph (b); reckless assault of a child
    26  as defined in section 120.02, assault in the second degree as defined in
    27  section 120.05, menacing a police officer or peace officer as defined in
    28  section 120.18, stalking in the first degree, as defined in  subdivision
    29  one  of section 120.60, strangulation in the second degree as defined in
    30  section 121.12, rape in the second degree as defined in section  130.30,
    31  criminal  sexual  act in the second degree as defined in section 130.45,
    32  sexual abuse in the first degree as defined in section 130.65, course of
    33  sexual conduct against a child  in  the  second  degree  as  defined  in
    34  section  130.80,  aggravated sexual abuse in the third degree as defined
    35  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    36  substance  as defined in section 130.90, labor trafficking as defined in
    37  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    38  possession  of  a  weapon  in the third degree as defined in subdivision
    39  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    40  a firearm in the third degree as defined in section 265.11, intimidating
    41  a victim or witness in the second degree as defined in  section  215.16,
    42  soliciting  or  providing  support for an act of terrorism in the second
    43  degree as defined in section 490.10, and making a terroristic threat  as
    44  defined  in  section  490.20, falsely reporting an incident in the first
    45  degree as defined in section 240.60, placing a false bomb  or  hazardous
    46  substance  in  the  first degree as defined in section 240.62, placing a
    47  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    48  transportation  facility or enclosed shopping mall as defined in section
    49  240.63, [and] aggravated unpermitted use of indoor pyrotechnics  in  the
    50  first  degree  as  defined  in section 405.18, and criminal manufacture,
    51  sale, or transport of an undetectable  firearm  as  defined  in  section
    52  265.50.
    53    §  5.  The  opening  paragraph  of  paragraph  (c) of subdivision 2 of
    54  section 70.02 of the penal law, as amended by chapter 1 of the  laws  of
    55  2013, is amended to read as follows:

        A. 763                              3
 
     1    Except  as  provided in subdivision six of section 60.05, the sentence
     2  imposed upon a person who stands convicted of the class D violent felony
     3  offenses of criminal possession of a  weapon  in  the  third  degree  as
     4  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
     5  criminal  sale  of  a  firearm in the third degree as defined in section
     6  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal
     7  possession  of  a  weapon  in the third degree as defined in subdivision
     8  five, seven, eight or nine of section 265.02, or  criminal  manufacture,
     9  sale,  or  transport  of  an  undetectable firearm as defined in section
    10  265.50 must be a sentence to a determinate period of  imprisonment,  or,
    11  in  the alternative, a definite sentence of imprisonment for a period of
    12  no less than one year, except that:
    13    § 6. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    14  law,  as  amended by chapter 189 of the laws of 2018, is amended to read
    15  as follows:
    16    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    17  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    18  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    19  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    20  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    21  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    22  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
    23  145.12 relating to criminal mischief; article one hundred fifty relating
    24  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
    25  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
    26  care fraud; article one hundred  sixty  relating  to  robbery;  sections
    27  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
    28  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    29  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    30  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    31  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    32  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    33  to criminal diversion of  prescription  medications  and  prescriptions;
    34  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    35  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    36  215.00, 215.05 and 215.19 relating to bribery; sections 187.10,  187.15,
    37  187.20  and  187.25  relating  to  residential  mortgage fraud, sections
    38  190.40 and 190.42 relating to criminal usury; section 190.65 relating to
    39  schemes to defraud; any felony defined in article four  hundred  ninety-
    40  six;  sections  205.60  and  205.65  relating  to hindering prosecution;
    41  sections 210.10, 210.15, and 215.51 relating to  perjury  and  contempt;
    42  section  215.40  relating  to tampering with physical evidence; sections
    43  220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,  220.41,
    44  220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
    45  substances;  sections  225.10  and 225.20 relating to gambling; sections
    46  230.25, 230.30, and 230.32 relating to promoting  prostitution;  section
    47  230.34  relating  to  sex  trafficking; section 230.34-a relating to sex
    48  trafficking of a child;  sections  235.06,  235.07,  235.21  and  235.22
    49  relating  to obscenity; sections 263.10 and 263.15 relating to promoting
    50  a sexual performance  by  a  child;  sections  265.02,  265.03,  265.04,
    51  265.11,  265.12,  265.13  and  the  provisions  of  section 265.10 which
    52  constitute a felony relating to firearms and  other  dangerous  weapons;
    53  sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
    54  section 265.50 relating to the criminal manufacture, sale  or  transport
    55  of  an  undetectable  firearm; section 275.10, 275.20, 275.30, or 275.40

        A. 763                              4
 
     1  relating to unauthorized recordings; and sections 470.05, 470.10, 470.15
     2  and 470.20 relating to money laundering; or
     3    §  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
     4  procedure law, as amended by chapter 189 of the laws of 2018, is amended
     5  to read as follows:
     6    (b) Any of the following felonies: assault in  the  second  degree  as
     7  defined  in section 120.05 of the penal law, assault in the first degree
     8  as defined in section 120.10 of the penal law, reckless endangerment  in
     9  the  first degree as defined in section 120.25 of the penal law, promot-
    10  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    11  strangulation  in  the second degree as defined in section 121.12 of the
    12  penal law, strangulation in the  first  degree  as  defined  in  section
    13  121.13  of  the  penal  law, criminally negligent homicide as defined in
    14  section 125.10 of the penal law, manslaughter in the  second  degree  as
    15  defined  in  section  125.15 of the penal law, manslaughter in the first
    16  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    17  second  degree  as defined in section 125.25 of the penal law, murder in
    18  the first degree as defined in section 125.27 of the penal law, abortion
    19  in the second degree as defined in section  125.40  of  the  penal  law,
    20  abortion  in  the first degree as defined in section 125.45 of the penal
    21  law, rape in the third degree as defined in section 130.25 of the  penal
    22  law, rape in the second degree as defined in section 130.30 of the penal
    23  law,  rape in the first degree as defined in section 130.35 of the penal
    24  law, criminal sexual act in the  third  degree  as  defined  in  section
    25  130.40  of  the  penal  law, criminal sexual act in the second degree as
    26  defined in section 130.45 of the penal law, criminal sexual act  in  the
    27  first degree as defined in section 130.50 of the penal law, sexual abuse
    28  in  the  first  degree  as  defined  in section 130.65 of the penal law,
    29  unlawful imprisonment in the first degree as defined in  section  135.10
    30  of  the penal law, kidnapping in the second degree as defined in section
    31  135.20 of the penal law, kidnapping in the first degree  as  defined  in
    32  section 135.25 of the penal law, labor trafficking as defined in section
    33  135.35  of  the  penal  law,  aggravated labor trafficking as defined in
    34  section 135.37 of the penal law, custodial  interference  in  the  first
    35  degree  as  defined  in section 135.50 of the penal law, coercion in the
    36  first degree as defined in section 135.65 of  the  penal  law,  criminal
    37  trespass  in  the first degree as defined in section 140.17 of the penal
    38  law, burglary in the third degree as defined in section  140.20  of  the
    39  penal law, burglary in the second degree as defined in section 140.25 of
    40  the penal law, burglary in the first degree as defined in section 140.30
    41  of  the  penal  law, criminal mischief in the third degree as defined in
    42  section 145.05 of the penal law, criminal mischief in the second  degree
    43  as  defined in section 145.10 of the penal law, criminal mischief in the
    44  first degree as defined in section 145.12 of  the  penal  law,  criminal
    45  tampering  in the first degree as defined in section 145.20 of the penal
    46  law, arson in the fourth degree as defined  in  section  150.05  of  the
    47  penal law, arson in the third degree as defined in section 150.10 of the
    48  penal  law,  arson  in the second degree as defined in section 150.15 of
    49  the penal law, arson in the first degree as defined in section 150.20 of
    50  the penal law, grand larceny in the fourth degree as defined in  section
    51  155.30 of the penal law, grand larceny in the third degree as defined in
    52  section  155.35  of the penal law, grand larceny in the second degree as
    53  defined in section 155.40 of the penal law, grand larceny in  the  first
    54  degree  as defined in section 155.42 of the penal law, health care fraud
    55  in the fourth degree as defined in section  177.10  of  the  penal  law,
    56  health  care  fraud  in the third degree as defined in section 177.15 of

        A. 763                              5
 
     1  the penal law, health care fraud in the  second  degree  as  defined  in
     2  section  177.20  of the penal law, health care fraud in the first degree
     3  as defined in section 177.25 of the penal  law,  robbery  in  the  third
     4  degree  as  defined  in  section 160.05 of the penal law, robbery in the
     5  second degree as defined in section 160.10 of the penal law, robbery  in
     6  the first degree as defined in section 160.15 of the penal law, unlawful
     7  use  of  secret  scientific material as defined in section 165.07 of the
     8  penal law, criminal possession of stolen property in the  fourth  degree
     9  as  defined  in  section 165.45 of the penal law, criminal possession of
    10  stolen property in the third degree as defined in section 165.50 of  the
    11  penal  law,  criminal possession of stolen property in the second degree
    12  as defined by section 165.52 of the penal law,  criminal  possession  of
    13  stolen  property in the first degree as defined by section 165.54 of the
    14  penal law, trademark counterfeiting in the second degree as  defined  in
    15  section  165.72  of the penal law, trademark counterfeiting in the first
    16  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    17  second  degree as defined in section 170.10 of the penal law, forgery in
    18  the first degree as defined in section 170.15 of the penal law, criminal
    19  possession of a forged instrument in the second  degree  as  defined  in
    20  section 170.25 of the penal law, criminal possession of a forged instru-
    21  ment  in the first degree as defined in section 170.30 of the penal law,
    22  criminal possession of forgery devices as defined in section  170.40  of
    23  the  penal  law,  falsifying  business  records  in  the first degree as
    24  defined in section 175.10  of  the  penal  law,  tampering  with  public
    25  records  in  the  first degree as defined in section 175.25 of the penal
    26  law, offering a false instrument for  filing  in  the  first  degree  as
    27  defined  in section 175.35 of the penal law, issuing a false certificate
    28  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    29  prescription  medications  and  prescriptions  in  the  second degree as
    30  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    31  prescription  medications  and  prescriptions  in  the  first  degree as
    32  defined in section 178.25 of the penal law, residential  mortgage  fraud
    33  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    34  residential mortgage fraud in the third degree  as  defined  in  section
    35  187.15 of the penal law, residential mortgage fraud in the second degree
    36  as  defined  in  section  187.20  of the penal law, residential mortgage
    37  fraud in the first degree as defined in section 187.25 of the penal law,
    38  escape in the second degree as defined in section 205.10  of  the  penal
    39  law,  escape  in  the  first  degree as defined in section 205.15 of the
    40  penal law, absconding from temporary release  in  the  first  degree  as
    41  defined  in section 205.17 of the penal law, promoting prison contraband
    42  in the first degree as defined in  section  205.25  of  the  penal  law,
    43  hindering  prosecution in the second degree as defined in section 205.60
    44  of the penal law, hindering prosecution in the first degree  as  defined
    45  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    46  section 230.34 of the penal law, sex trafficking of a child  as  defined
    47  in section 230.34-a of the penal law, criminal possession of a weapon in
    48  the  third  degree  as  defined  in  subdivisions two, three and five of
    49  section 265.02 of the penal law, criminal possession of a weapon in  the
    50  second  degree  as  defined in section 265.03 of the penal law, criminal
    51  possession of a weapon in the first degree as defined in section  265.04
    52  of  the penal law, manufacture, transport, disposition and defacement of
    53  weapons and dangerous instruments and appliances defined as felonies  in
    54  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    55  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    56  of  weapons as defined in subdivision two of section 265.35 of the penal

        A. 763                              6
 
     1  law, relating to firearms and other dangerous weapons, criminal manufac-
     2  ture, sale, or transport  of  an  undetectable  firearm  as  defined  in
     3  section  265.50 of the penal law, or failure to disclose the origin of a
     4  recording  in the first degree as defined in section 275.40 of the penal
     5  law;
     6    § 8. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.
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