Requires any weapon, instrument, appliance or substance when utilized in a suicide attempt to be surrendered to the superintendent of state police

BILL NUMBER:A10686

Title of bill

An act to amend the penal law, in relation to nuisance weapons that are utilized in a suicide attempt

Purpose:

This bill provides for the destruction of weapons used in suicide attempts.

Summary of Provisions:

Section 1 of the bill amends Penal Law §400.05 to classify a weapon used in a suicide attempt as a nuisance weapon, so that it would be destroyed rather than returned to the person who used it in the suicide attempt.

Section 2 of the bill provides that it shall take effect on the thirti- eth day after enactment.

Existing Law:

A weapon is deemed a "nuisance" if it is unlawfully possessed or used in the commission of an "offense." Police and peace officers who come into possession of such weapons are required to surrender them to specified officials. Penal Law §400.05(1). Those officials, in turn, are required to destroy such weapons. Penal Law §400.05(2). A suicide attempt, howev- er, is not an offense and therefore does not cause the weapon used to be considered a nuisance weapon.

Legislative History: This is a new bill.

Statement in Support:

A weapon used during an offense is classified as a nuisance weapon, which results in its mandatory destruction. Because a suicide attempt is not an "offense," police are required to return the weapon to the person who attempted suicide. This practice raises significant public safety concerns and is likely to be contrary to the best interests of the indi- vidual to whom the weapon is returned.

Budget Implications:

None.

Effective Date:

This bill would become effective on the thirtieth day after enactment.