S02143 Summary:
| BILL NO | S02143 |
| SAME AS | No Same As |
| SPONSOR | HOYLMAN |
| COSPNSR | PARKER, BROOKS, CARLUCCI, KAMINSKY, KENNEDY, KRUEGER, MONTGOMERY, PERSAUD, SERRANO |
| 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. | |
S02143 Actions:
| BILL NO | S02143 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/22/2019 | REFERRED TO CODES | |||||||||||||||||||||||||||||||||||||||||||||||||
S02143 Text:
Go to topSTATE 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. LBD07305-01-9S. 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 shallS. 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 forS. 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 penalS. 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 ofS. 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.