•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S02143 Summary:

BILL NOS02143
 
SAME ASNo Same As
 
SPONSORHOYLMAN
 
COSPNSRPARKER, BROOKS, CARLUCCI, KAMINSKY, KENNEDY, KRUEGER, MONTGOMERY, PERSAUD
 
MLTSPNSR
 
Amd 265.00, 265.02, 265.10, 265.11, 265.12, 70.02 & 460.10, add 265.38, Pen L; amd 410, Gen Bus L; amd 700.05, CP L; amd 9-131 & 14-154, NYC Ad Cd
 
Relates to the manufacture, assembly, possession, license and disposal of ghost guns, the establishment of the offense of unlawful dissemination of instructions for the assembly of a weapon and the sentencing for certain offenses regarding ghost guns; relates to the suspension and revocation of certain licenses or registrations; adds the offense of unlawful dissemination of instructions for the assembly of a weapon to the list of designated offenses for the purpose of obtaining eavesdropping and video surveillance warrants; and includes the offense of unlawful dissemination of instructions for the assembly of a weapon in the definition of violent or serious crime.
Go to top    

S02143 Actions:

BILL NOS02143
 
01/22/2019REFERRED TO CODES
Go to top

S02143 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2143
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by Sens. HOYLMAN, PARKER, BROOKS, CARLUCCI, KAMINSKY, KENNE-
          DY, KRUEGER, MONTGOMERY, PERSAUD -- read twice  and  ordered  printed,
          and when printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to the manufacture, assembly,
          possession,  license  and disposal of ghost guns, the establishment of
          the offense of unlawful dissemination of instructions for the assembly
          of a weapon and the sentencing for certain  offenses  regarding  ghost
          guns; to amend the general business law, in relation to the suspension
          and  revocation  of  certain  licenses  or registrations; to amend the
          criminal procedure law, in relation to adding the offense of  unlawful
          dissemination of instructions for the assembly of a weapon to the list
          of  designated offenses for the purpose of obtaining eavesdropping and
          video surveillance warrants; and to amend the administrative  code  of
          the city of New York, in relation to including the offense of unlawful
          dissemination  of  instructions  for  the  assembly of a weapon in the
          definition of violent or serious crime
 
          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 four
     2  new subdivisions 26, 27, 28 and 29 to read as follows:
     3    26. "Major component" means, in the case of a firearm, rifle or  shot-
     4  gun the slide or cylinder, or the frame or receiver, and, in the case of
     5  a shotgun, the barrel.
     6    27.  "Additive  manufacturing"  means a manufacturing process in which
     7  material is added in order to produce the  product,  including  but  not
     8  limited  to  three-dimensional  printing in which layers of material are
     9  laid down in succession.
    10    28. "Unfinished firearm frame or receiver" means a piece of any  mate-
    11  rial  that does not constitute the frame or receiver of a firearm, rifle
    12  or shotgun but that has been shaped or formed in any way for the purpose
    13  of becoming the frame or receiver of a firearm, rifle  or  shotgun.  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07305-01-9

        S. 2143                             2
 
     1  term  shall  not  include  a  piece of material that has had its size or
     2  external shape altered to facilitate transportation or  storage  or  has
     3  had its chemical composition altered.
     4    29. "Ghost gun" means a firearm, rifle or shotgun that is:
     5    (a) manufactured using additive manufacturing; or
     6    (b)  assembled  from a frame or receiver that was marketed and/or sold
     7  (either separately or as part of a kit) as an unfinished  firearm  frame
     8  or receiver that the recipient could use to assemble a firearm, rifle or
     9  shotgun.
    10    §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
    11  chapter 1 of the laws of 2013, is amended and two  new  subdivisions  11
    12  and 12 are added to read as follows:
    13    (10)  Such  person  possesses an unloaded firearm and also commits any
    14  violent felony offense as defined in subdivision one of section 70.02 of
    15  this chapter as part of the same criminal transaction[.]; or
    16    (11) Such person, if not a gunsmith or dealer duly  licensed  pursuant
    17  to  section  400.00  of this chapter, possesses a ghost gun that has not
    18  been registered with a licensing officer  and  engraved  or  permanently
    19  affixed  with  a serial number as provided in subdivision ten of section
    20  265.10 of this article; or
    21    (12) Such person possesses a firearm, rifle or shotgun manufactured or
    22  assembled as a ghost gun that does not comply  with  the  provisions  of
    23  subdivision nine of section 265.10 of this article.
    24    §  3.  Section  265.10 of the penal law is amended by adding three new
    25  subdivisions 8, 9 and 10 to read as follows:
    26    8. Any person, other than a gunsmith duly licensed pursuant to section
    27  400.00 of this chapter, who assembles, manufactures,  or  causes  to  be
    28  assembled  or  manufactured,  a firearm, rifle or shotgun is guilty of a
    29  class C felony.
    30    9. For all firearms, rifles and shotguns manufactured,  assembled,  or
    31  caused  to be manufactured or assembled, sold, exchanged, disposed of or
    32  possessed:   (a) each major component must  be  detectable  by  a  metal
    33  detector  calibrated  to  detect  3.7  ounces  of type 17-4 PH stainless
    34  steel; and (b)  each  major  component,  if  subject  to  the  types  of
    35  detection devices commonly used at airports for security screening, must
    36  generate  an  image  that adequately depicts the shape of the component.
    37  Any gunsmith who fails to comply with this subdivision shall  be  guilty
    38  of a class C felony.
    39    10.  All  ghost guns manufactured, assembled, or caused to be manufac-
    40  tured or assembled by a gunsmith shall be registered with the  licensing
    41  officer  in  the  city  or  county  where  the gunsmith is located. Such
    42  licensing officer, in consultation with the division  of  state  police,
    43  shall issue a unique serial number for each firearm, rifle or shotgun so
    44  registered.  For each such ghost gun, records reflecting the identity of
    45  the manufacturing or assembling gunsmith and the serial  number  of  the
    46  ghost gun shall be included in the statewide license and record database
    47  established  pursuant to section 400.02 of this chapter. The manufactur-
    48  ing or assembling gunsmith shall engrave or permanently affix the serial
    49  number to the firearm, rifle or  shotgun  in  a  manner  that  meets  or
    50  exceeds  the  requirements  imposed  on  licensed importers and licensed
    51  manufacturers of shotguns pursuant to subsection (i) of Section  923  of
    52  Title 18 of the United States Code and regulations issued pursuant ther-
    53  eto.  Any  gunsmith  who  fails to comply with this subdivision shall be
    54  guilty of a class C felony.
    55    § 4. Section 265.11 of the penal law, as amended by chapter 764 of the
    56  laws of 2005, is amended to read as follows:

        S. 2143                             3
 
     1  § 265.11 Criminal sale of a firearm in the third degree.
     2    A  person  is guilty of criminal sale of a firearm in the third degree
     3  when:
     4    (1) such person is not authorized pursuant to law to possess a firearm
     5  and such person unlawfully either:
     6    [(1)] (a) sells, exchanges, gives or disposes of a  firearm  or  large
     7  capacity ammunition feeding device to another person; or
     8    [(2)] (b) possesses a firearm with the intent to sell it[.];
     9    (2)  such person is not a gunsmith or dealer duly licensed pursuant to
    10  section 400.00 of this chapter and such person sells,  exchanges,  gives
    11  or  disposes of a firearm, rifle or shotgun manufactured or assembled as
    12  a ghost gun, unless such sale, exchange, gift or disposal is in  compli-
    13  ance  with  all requirements under state and federal law relating to the
    14  sale, exchange, gift or disposal of firearms, rifles and shotguns and:
    15    (a) the recipient holds a federal firearms license issued pursuant  to
    16  Section 923 of Title 18 of the United States Code;
    17    (b)  the recipient is a peace officer, as described in section 2.10 of
    18  the criminal procedure law;
    19    (c) the recipient is a federal law enforcement officer,  as  described
    20  in section 2.15 of the criminal procedure law; or
    21    (d)  the  sale,  exchange,  gift, or disposal is between members of an
    22  immediate family, as defined in section eight  hundred  ninety-eight  of
    23  the general business law; or
    24    (3)  such  person sells, exchanges, gives or disposes of an unfinished
    25  firearm frame or receiver, unless:
    26    (a) the recipient is a gunsmith  duly  licensed  pursuant  to  section
    27  400.00 of this chapter;
    28    (b)  the recipient is a peace officer, as described in section 2.10 of
    29  the criminal procedure law; or
    30    (c) the recipient is a federal law enforcement officer,  as  described
    31  in section 2.15 of the criminal procedure law.
    32    Criminal sale of a firearm in the third degree is a class D felony.
    33    § 5. Section 265.12 of the penal law, as amended by chapter 764 of the
    34  laws of 2005, is amended to read as follows:
    35  § 265.12 Criminal sale of a firearm in the second degree.
    36    A  person is guilty of criminal sale of a firearm in the second degree
    37  when such person:
    38    (1) unlawfully sells, exchanges, gives or disposes of to another  five
    39  or more firearms; [or]
    40    (2)  unlawfully  sells,  exchanges,  gives  or  disposes of to another
    41  person or persons a total of five or more firearms in a  period  of  not
    42  more than one year[.];
    43    (3)  being  a  gunsmith  or  dealer  duly licensed pursuant to section
    44  400.00 of this chapter, sells, exchanges, gives or disposes of  a  ghost
    45  gun  that  has not been registered with a licensing officer and engraved
    46  or permanently affixed with a serial number as provided  in  subdivision
    47  ten of section 265.10 of this article; or
    48    (4)  being  a  gunsmith  or  dealer  duly licensed pursuant to section
    49  400.00 of this  chapter,  sells,  exchanges,  gives  or  disposes  of  a
    50  firearm,  rifle or shotgun manufactured or assembled as a ghost gun that
    51  does not comply with the  provisions  of  subdivision  nine  or  ten  of
    52  section 265.10 of this article.
    53    Criminal sale of a firearm in the second degree is a class C felony.
    54    §  6.  The penal law is amended by adding a new section 265.38 to read
    55  as follows:

        S. 2143                             4
 
     1  § 265.38 Unlawful dissemination of instructions for the  assembly  of  a
     2             weapon.
     3    It shall be unlawful for any person to intentionally publish, over the
     4  internet  or by means of the world wide web, digital instructions in the
     5  form of computer aided design files or other code that can automatically
     6  program a three-dimensional printer  or  similar  device  to  produce  a
     7  firearm, rifle or shotgun.
     8    Unlawful dissemination of instructions for the assembly of a weapon is
     9  a class D felony.
    10    §  7.  Paragraph  (c)  of subdivision 1, paragraph (b) and the opening
    11  paragraph of paragraph (c) of subdivision 2  of  section  70.02  of  the
    12  penal  law,  paragraph (c) of subdivision 1 as amended by chapter 368 of
    13  the laws of 2015, paragraph (b) of subdivision 2 as amended  by  section
    14  122  of  subpart  B of part C of chapter 62 of the laws of 2011, and the
    15  opening paragraph of paragraph (c) of subdivision 2 as amended by  chap-
    16  ter 1 of the laws of 2013, are amended to read as follows:
    17    (c)  Class  D violent felony offenses: an attempt to commit any of the
    18  class C felonies set forth in paragraph (b); reckless assault of a child
    19  as defined in section 120.02, assault in the second degree as defined in
    20  section 120.05, menacing a police officer or peace officer as defined in
    21  section 120.18, stalking in the first degree, as defined in  subdivision
    22  one  of section 120.60, strangulation in the second degree as defined in
    23  section 121.12, rape in the second degree as defined in section  130.30,
    24  criminal  sexual  act in the second degree as defined in section 130.45,
    25  sexual abuse in the first degree as defined in section 130.65, course of
    26  sexual conduct against a child  in  the  second  degree  as  defined  in
    27  section  130.80,  aggravated sexual abuse in the third degree as defined
    28  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    29  substance  as defined in section 130.90, labor trafficking as defined in
    30  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    31  possession  of  a  weapon  in the third degree as defined in subdivision
    32  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    33  a firearm in the third degree as defined  in  section  265.11,  unlawful
    34  dissemination of instructions for the assembly of a weapon as defined in
    35  section 265.38, intimidating a victim or witness in the second degree as
    36  defined in section 215.16, soliciting or providing support for an act of
    37  terrorism  in the second degree as defined in section 490.10, and making
    38  a terroristic threat as defined in section 490.20, falsely reporting  an
    39  incident  in  the  first  degree as defined in section 240.60, placing a
    40  false bomb or hazardous substance in the  first  degree  as  defined  in
    41  section  240.62, placing a false bomb or hazardous substance in a sports
    42  stadium or arena, mass transportation facility or enclosed shopping mall
    43  as defined in section 240.63, and aggravated unpermitted use  of  indoor
    44  pyrotechnics in the first degree as defined in section 405.18.
    45    (b)  Except as provided in paragraph (b-1) of this subdivision, subdi-
    46  vision six of section 60.05 and subdivision four of  this  section,  the
    47  sentence imposed upon a person who stands convicted of a class D violent
    48  felony offense, other than the offense of criminal possession of a weap-
    49  on in the third degree as defined in subdivision five, seven or eight of
    50  section  265.02  [or], criminal sale of a firearm in the third degree as
    51  defined in section 265.11 or unlawful dissemination of instructions  for
    52  the  assembly  of  a  weapon  as  defined  in section 265.38, must be in
    53  accordance with the applicable provisions of this  chapter  relating  to
    54  sentencing for class D felonies provided, however, that where a sentence
    55  of  imprisonment  is  imposed  which  requires a commitment to the state
    56  department of corrections and community supervision, such sentence shall

        S. 2143                             5

     1  be a determinate sentence in accordance with paragraph (c)  of  subdivi-
     2  sion three of this section.
     3    Except  as  provided in subdivision six of section 60.05, the sentence
     4  imposed upon a person who stands convicted of the class D violent felony
     5  offenses of criminal possession of a  weapon  in  the  third  degree  as
     6  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
     7  criminal sale of a firearm in the third degree  as  defined  in  section
     8  265.11,  unlawful  dissemination  of  instructions for the assembly of a
     9  weapon as defined in section 265.38 or the class E violent  felonies  of
    10  attempted criminal possession of a weapon in the third degree as defined
    11  in  subdivision  five,  seven, eight or nine of section 265.02 must be a
    12  sentence to a determinate period of imprisonment, or,  in  the  alterna-
    13  tive,  a  definite sentence of imprisonment for a period of no less than
    14  one year, except that:
    15    § 8. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    16  law,  as  amended by chapter 189 of the laws of 2018, is amended to read
    17  as follows:
    18    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    19  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    20  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    21  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    22  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    23  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    24  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
    25  145.12 relating to criminal mischief; article one hundred fifty relating
    26  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
    27  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
    28  care fraud; article one hundred  sixty  relating  to  robbery;  sections
    29  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
    30  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    31  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    32  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    33  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    34  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    35  to criminal diversion of  prescription  medications  and  prescriptions;
    36  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    37  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    38  215.00, 215.05 and 215.19  relating to bribery; sections 187.10, 187.15,
    39  187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
    40  190.40 and 190.42 relating to criminal usury; section 190.65 relating to
    41  schemes  to  defraud; any felony defined in article four hundred ninety-
    42  six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
    43  sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
    44  section 215.40 relating to tampering with  physical  evidence;  sections
    45  220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
    46  220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
    47  substances; sections 225.10 and 225.20 relating  to  gambling;  sections
    48  230.25,  230.30,  and 230.32 relating to promoting prostitution; section
    49  230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
    50  trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
    51  relating to obscenity; sections 263.10 and 263.15 relating to  promoting
    52  a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
    53  265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
    54  constitute  a  felony  relating to firearms and other dangerous weapons;
    55  sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
    56  section  265.38  relating  to unlawful dissemination of instructions for

        S. 2143                             6
 
     1  the assembly of a weapon; section  275.10,  275.20,  275.30,  or  275.40
     2  relating to unauthorized recordings; and sections 470.05, 470.10, 470.15
     3  and 470.20 relating to money laundering; or
     4    §  9. Paragraph f of subdivision 1 of section 410 of the general busi-
     5  ness law, as amended by chapter 189 of the laws of 2018, is  amended  to
     6  read as follows:
     7    f.  Conviction  of any of the following crimes subsequent to the issu-
     8  ance of a license or registration pursuant to this article: fraud pursu-
     9  ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
    10  190.65;  falsifying  business  records pursuant to section 175.10; grand
    11  larceny pursuant to article [155] one hundred fifty-five; bribery pursu-
    12  ant to sections 180.03, 180.08, 180.15, 180.25, 200.00, 200.03,  200.04,
    13  200.10,  200.11,  200.12,  200.45,  200.50; perjury pursuant to sections
    14  210.10, 210.15, 210.40; assault pursuant  to  sections  120.05,  120.10,
    15  120.11,  120.12;  robbery  pursuant  to article [160] one hundred sixty;
    16  homicide pursuant to sections 125.25 and 125.27;  manslaughter  pursuant
    17  to  sections  125.15  and  125.20;  kidnapping and unlawful imprisonment
    18  pursuant  to  sections  135.10,  135.20  and  135.25;  unlawful  weapons
    19  possession  pursuant to sections 265.02, 265.03 and 265.04; criminal use
    20  of a weapon pursuant to sections 265.08 and 265.09; criminal sale  of  a
    21  weapon pursuant to sections 265.11 and 265.12; unlawful dissemination of
    22  instructions  for the assembly of a weapon as defined in section 265.38;
    23  compelling prostitution pursuant  to  section  230.33;  sex  trafficking
    24  pursuant  to  section  230.34;  sex  trafficking  of a child pursuant to
    25  section 230.34-a; and sex offenses pursuant to article [130] one hundred
    26  thirty of the penal law. Provided, however, that  for  the  purposes  of
    27  this  article,  none  of  the  following  shall  be  considered criminal
    28  convictions or reported as such: (i) a conviction for which an executive
    29  pardon has been issued pursuant to the executive law; (ii) a  conviction
    30  which  has  been  vacated  and  replaced  by a youthful offender finding
    31  pursuant to article seven hundred twenty of the criminal procedure  law,
    32  or  the applicable provisions of law of any other jurisdiction; or (iii)
    33  a conviction the records of which have been expunged or sealed  pursuant
    34  to  the  applicable provisions of the laws of this state or of any other
    35  jurisdiction; and (iv) a conviction for which other evidence of success-
    36  ful rehabilitation to remove the disability has been issued.
    37    § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    38  procedure law, as amended by chapter 189 of the laws of 2018, is amended
    39  to read as follows:
    40    (b) Any of the following felonies: assault in  the  second  degree  as
    41  defined  in section 120.05 of the penal law, assault in the first degree
    42  as defined in section 120.10 of the penal law, reckless endangerment  in
    43  the  first degree as defined in section 120.25 of the penal law, promot-
    44  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    45  strangulation  in  the second degree as defined in section 121.12 of the
    46  penal law, strangulation in the  first  degree  as  defined  in  section
    47  121.13  of  the  penal  law, criminally negligent homicide as defined in
    48  section 125.10 of the penal law, manslaughter in the  second  degree  as
    49  defined  in  section  125.15 of the penal law, manslaughter in the first
    50  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    51  second  degree  as defined in section 125.25 of the penal law, murder in
    52  the first degree as defined in section 125.27 of the penal law, abortion
    53  in the second degree as defined in section  125.40  of  the  penal  law,
    54  abortion  in  the first degree as defined in section 125.45 of the penal
    55  law, rape in the third degree as defined in section 130.25 of the  penal
    56  law, rape in the second degree as defined in section 130.30 of the penal

        S. 2143                             7
 
     1  law,  rape in the first degree as defined in section 130.35 of the penal
     2  law, criminal sexual act in the  third  degree  as  defined  in  section
     3  130.40  of  the  penal  law, criminal sexual act in the second degree as
     4  defined  in  section 130.45 of the penal law, criminal sexual act in the
     5  first degree as defined in section 130.50 of the penal law, sexual abuse
     6  in the first degree as defined in  section  130.65  of  the  penal  law,
     7  unlawful  imprisonment  in the first degree as defined in section 135.10
     8  of the penal law, kidnapping in the second degree as defined in  section
     9  135.20  of  the  penal law, kidnapping in the first degree as defined in
    10  section 135.25 of the penal law, labor trafficking as defined in section
    11  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    12  section  135.37  of  the  penal law, custodial interference in the first
    13  degree as defined in section 135.50 of the penal law,  coercion  in  the
    14  first  degree  as  defined  in section 135.65 of the penal law, criminal
    15  trespass in the first degree as defined in section 140.17 of  the  penal
    16  law,  burglary  in  the third degree as defined in section 140.20 of the
    17  penal law, burglary in the second degree as defined in section 140.25 of
    18  the penal law, burglary in the first degree as defined in section 140.30
    19  of the penal law, criminal mischief in the third degree  as  defined  in
    20  section  145.05 of the penal law, criminal mischief in the second degree
    21  as defined in section 145.10 of the penal law, criminal mischief in  the
    22  first  degree  as  defined  in section 145.12 of the penal law, criminal
    23  tampering in the first degree as defined in section 145.20 of the  penal
    24  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    25  penal law, arson in the third degree as defined in section 150.10 of the
    26  penal law, arson in the second degree as defined in  section  150.15  of
    27  the penal law, arson in the first degree as defined in section 150.20 of
    28  the  penal law, grand larceny in the fourth degree as defined in section
    29  155.30 of the penal law, grand larceny in the third degree as defined in
    30  section 155.35 of the penal law, grand larceny in the second  degree  as
    31  defined  in  section 155.40 of the penal law, grand larceny in the first
    32  degree as defined in section 155.42 of the penal law, health care  fraud
    33  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    34  health care fraud in the third degree as defined in  section  177.15  of
    35  the  penal  law,  health  care  fraud in the second degree as defined in
    36  section 177.20 of the penal law, health care fraud in the  first  degree
    37  as  defined  in  section  177.25  of the penal law, robbery in the third
    38  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    39  second  degree as defined in section 160.10 of the penal law, robbery in
    40  the first degree as defined in section 160.15 of the penal law, unlawful
    41  use of secret scientific material as defined in section  165.07  of  the
    42  penal  law,  criminal possession of stolen property in the fourth degree
    43  as defined in section 165.45 of the penal law,  criminal  possession  of
    44  stolen  property in the third degree as defined in section 165.50 of the
    45  penal law, criminal possession of stolen property in the  second  degree
    46  as  defined  by  section 165.52 of the penal law, criminal possession of
    47  stolen property in the first degree as defined by section 165.54 of  the
    48  penal  law,  trademark counterfeiting in the second degree as defined in
    49  section 165.72 of the penal law, trademark counterfeiting in  the  first
    50  degree  as  defined  in  section 165.73 of the penal law, forgery in the
    51  second degree as defined in section 170.10 of the penal law, forgery  in
    52  the first degree as defined in section 170.15 of the penal law, criminal
    53  possession  of  a  forged  instrument in the second degree as defined in
    54  section 170.25 of the penal law, criminal possession of a forged instru-
    55  ment in the first degree as defined in section 170.30 of the penal  law,
    56  criminal  possession  of forgery devices as defined in section 170.40 of

        S. 2143                             8
 
     1  the penal law, falsifying  business  records  in  the  first  degree  as
     2  defined  in  section  175.10  of  the  penal  law, tampering with public
     3  records in the first degree as defined in section 175.25  of  the  penal
     4  law,  offering  a  false  instrument  for  filing in the first degree as
     5  defined in section 175.35 of the penal law, issuing a false  certificate
     6  as  defined  in  section  175.40 of the penal law, criminal diversion of
     7  prescription medications and  prescriptions  in  the  second  degree  as
     8  defined  in  section  178.20  of  the  penal  law, criminal diversion of
     9  prescription medications  and  prescriptions  in  the  first  degree  as
    10  defined  in  section 178.25 of the penal law, residential mortgage fraud
    11  in the fourth degree as defined in section  187.10  of  the  penal  law,
    12  residential  mortgage  fraud  in  the third degree as defined in section
    13  187.15 of the penal law, residential mortgage fraud in the second degree
    14  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    15  fraud in the first degree as defined in section 187.25 of the penal law,
    16  escape  in  the  second degree as defined in section 205.10 of the penal
    17  law, escape in the first degree as defined  in  section  205.15  of  the
    18  penal  law,  absconding  from  temporary  release in the first degree as
    19  defined in section 205.17 of the penal law, promoting prison  contraband
    20  in  the  first  degree  as  defined  in section 205.25 of the penal law,
    21  hindering prosecution in the second degree as defined in section  205.60
    22  of  the  penal law, hindering prosecution in the first degree as defined
    23  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    24  section  230.34  of the penal law, sex trafficking of a child as defined
    25  in section 230.34-a of the penal law, criminal possession of a weapon in
    26  the third degree as defined in  subdivisions  two,  three  and  five  of
    27  section  265.02 of the penal law, criminal possession of a weapon in the
    28  second degree as defined in section 265.03 of the  penal  law,  criminal
    29  possession  of a weapon in the first degree as defined in section 265.04
    30  of the penal law, manufacture, transport, disposition and defacement  of
    31  weapons  and dangerous instruments and appliances defined as felonies in
    32  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    33  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    34  of weapons as defined in subdivision two of section 265.35 of the  penal
    35  law,  relating to firearms and other dangerous weapons, unlawful dissem-
    36  ination of instructions for the assembly  of  a  weapon  as  defined  in
    37  section  265.38 of the penal law, or failure to disclose the origin of a
    38  recording in the first degree as defined in section 275.40 of the  penal
    39  law;
    40    §  11. Subparagraph i of paragraph 7 of subdivision a of section 9-131
    41  of the administrative code of the city of New York, as amended by  chap-
    42  ter 189 of the laws of 2018, is amended to read as follows:
    43    i. a felony defined in any of the following sections of the penal law:
    44  120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
    45  120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
    46  120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
    47  125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
    48  130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
    49  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    50  130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
    51  140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
    52  160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
    53  215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
    54  220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
    55  230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
    56  240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,

        S. 2143                             9
 
     1  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
     2  265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
     3  265.11,  265.12,  265.13,  265.14,  265.16,  265.17,  265.19, 265.35(2),
     4  265.38,  270.30,  270.35,  405.16(1),  405.18,  460.22,  470.21, 470.22,
     5  470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,  490.37,
     6  490.40, 490.45, 490.47, 490.50, or 490.55;
     7    § 12. Subparagraph i of paragraph 6 of subdivision a of section 14-154
     8  of  the administrative code of the city of New York, as amended by chap-
     9  ter 189 of the laws of 2018, is amended to read as follows:
    10    i. a felony defined in any of the following sections of the penal law:
    11  120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
    12  120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
    13  120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,  125.14,
    14  125.15,  125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
    15  130.25,  130.30,  130.35,  130.40,  130.45,  130.50,   130.53,   130.65,
    16  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    17  130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
    18  140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
    19  160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
    20  215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
    21  220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
    22  230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
    23  240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,
    24  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
    25  265.01-b, 265.02  (2)  through  (8),  265.03,  265.04,  265.08,  265.09,
    26  265.10,   265.11,   265.12,  265.13,  265.14,  265.16,  265.17,  265.19,
    27  265.35(2), 265.38, 270.30, 270.35, 405.16(l),  405.18,  460.22,  470.21,
    28  470.22,  470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,
    29  490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
    30    § 13. This act shall  take  effect  on  the  first  of  November  next
    31  succeeding  the  date  upon  which it shall have become a law. Effective
    32  immediately, the addition, amendment and/or repeal of any rule or  regu-
    33  lation  necessary  for  the  implementation of this act on its effective
    34  date are authorized to be made and completed on or before such effective
    35  date.
Go to top