 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1352
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2017
                                       ___________
 
        Introduced by Sen. ALCANTARA -- 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 illegal gun trafficking,
          criminal possession of a weapon by a minor and criminal use of a weap-
          on by a minor, failure to report a lost or stolen firearm,  and  fines
          for  gun  trafficking;  and to amend the education law, in relation to
          the eligibility for tuition awards to students on probation or  parole
          for weapons convictions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Gun Trafficking Prevention Act".
     3    §  2.  The penal law is amended by adding a new section 265.50 to read
     4  as follows:
     5  § 265.50 Illegal gun trafficking.
     6    A person is guilty of illegal gun trafficking when such  person  know-
     7  ingly   and  intentionally  distributes,  transports,  ships,  receives,
     8  barters, purchases or sells any firearm which has:
     9    1. been used during the commission of a crime;
    10    2. been stolen;
    11    3. had the importer's or manufacturer's serial number removed,  oblit-
    12  erated or altered; or
    13    4. been defaced.
    14    Illegal gun trafficking is a class B felony.
    15    §  3.  The  penal law is amended by adding two new sections 265.18 and
    16  265.18-a to read as follows:
    17  § 265.18 Criminal possession of a weapon by a minor.
    18    1. A person is guilty of criminal possession of a weapon  by  a  minor
    19  when,  being  under  eighteen  years  of  age,  he  or she possesses any
    20  firearm, rifle or shotgun.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06939-01-7

        S. 1352                             2
 
     1    2. The provisions of this section shall not apply to  any  person  who
     2  possesses  a  rifle or shotgun and is the holder of a hunting license or
     3  permit issued pursuant to article eleven of the environmental  conserva-
     4  tion law and used in accordance with such article.
     5    Criminal possession of a weapon by a minor is a class D felony.
     6  § 265.18-a Criminal use of a weapon by a minor.
     7    A  person is guilty of criminal use of a weapon by a minor when, being
     8  under eighteen years of age, he or she commits any crime and possesses a
     9  firearm, rifle or shotgun while in the course of committing such crime.
    10    Criminal use of a weapon by a minor is a class C felony.
    11    § 4. Subdivisions 4 and 5 of section 60.05 of the penal law,  subdivi-
    12  sion  4  as amended by chapter 738 of the laws of 2004, subdivision 5 as
    13  amended by chapter 405 of the laws of  2010,  are  amended  to  read  as
    14  follows:
    15    4.  Certain class C felonies. Except as provided in subdivision six of
    16  this section, every person convicted of a class C violent felony offense
    17  as defined in subdivision one of section 70.02 of this  title,  must  be
    18  sentenced  to  imprisonment  in  accordance  with  section 70.02 of this
    19  title; and, except as provided in subdivision six of this section, every
    20  person convicted of the class C felonies of: attempt to  commit  any  of
    21  the  class  B  felonies  of  bribery  in  the first degree as defined in
    22  section 200.04, bribe receiving  in  the  first  degree  as  defined  in
    23  section  200.12,  conspiracy  in the second degree as defined in section
    24  105.15 and criminal mischief in the first degree as defined  in  section
    25  145.12; criminal usury in the first degree as defined in section 190.42,
    26  rewarding  official misconduct in the first degree as defined in section
    27  200.22, receiving reward for official misconduct in the first degree  as
    28  defined  in section 200.27, attempt to promote prostitution in the first
    29  degree as defined in article one hundred ten and section 230.32, promot-
    30  ing prostitution in the second degree  as  defined  in  section  230.30,
    31  criminal  use  of  a  weapon  by a minor as defined in section 265.18-a,
    32  arson in the third degree as defined in section 150.10 of this  chapter,
    33  must  be  sentenced  to imprisonment in accordance with section 70.00 of
    34  this title.
    35    5. Certain class D felonies. Except as provided in subdivision six  of
    36  this  section, every person convicted of the class D felonies of assault
    37  in the second degree as defined in section 120.05, strangulation in  the
    38  second  degree  as  defined  in section 121.12, criminal possession of a
    39  weapon by a minor as defined in section 265.18 or attempt  to  commit  a
    40  class  C  felony  as  defined in section 230.30 of this chapter, must be
    41  sentenced in accordance with section 70.00 or 85.00 of this title.
    42    § 5. The penal law is amended by adding a new section 265.27  to  read
    43  as follows:
    44  § 265.27 Lost or stolen firearm to be reported.
    45    An owner of one or more firearms shall report each incidence of a lost
    46  or stolen firearm to the police authorities of the city, town or village
    47  where  such person reporting is located within seventy-two hours of such
    48  loss or theft, or discovery of such loss or theft.
    49    An intentional failure to make such report is a class A misdemeanor.
    50    § 6. Paragraph d of subdivision 6 of section 661 of the education law,
    51  as added by chapter 83 of the laws  of  1995,  is  amended  to  read  as
    52  follows:
    53    d. No student who is incarcerated in any federal, state or other penal
    54  institution  shall  be  eligible for any general or academic performance
    55  award made pursuant to this article.  No student who has been  convicted
    56  of  any weapons possession, transport or sale charge and is currently on

        S. 1352                             3
 
     1  probation or parole for such conviction shall be eligible to  apply  for
     2  or  receive  any  general or academic performance award made pursuant to
     3  this  article  until  such  student  is  successfully  discharged   from
     4  probation  or  parole  whereupon such student shall be eligible to apply
     5  for such awards for the next succeeding academic semester.
     6    § 7. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
     7  as  amended  by  section  27 of subpart A of part H of chapter 55 of the
     8  laws of 2014, is amended to read as follows:
     9    c. if the conviction is for any felony defined in article two  hundred
    10  twenty  [or],  two hundred twenty-one or section 265.50 of this chapter,
    11  according to the following schedule:
    12    (i) for A-I felonies, one hundred thousand dollars;
    13    (ii) for A-II felonies, fifty thousand dollars;
    14    (iii) for B felonies, thirty thousand dollars;
    15    (iv) for C felonies, fifteen thousand dollars.
    16  When imposing a fine pursuant to the provisions of this  paragraph,  the
    17  court  shall  consider the profit gained by defendant's conduct, whether
    18  the amount of the fine is  disproportionate  to  the  conduct  in  which
    19  defendant  engaged,  its impact on any victims, and defendant's economic
    20  circumstances, including the defendant's ability to pay, the  effect  of
    21  the  fine  upon his or her immediate family or any other persons to whom
    22  the defendant owes an obligation of support.
    23    § 8. This act shall take effect immediately, provided that:
    24    a. sections two, three and five of this act shall take effect  on  the
    25  first of November next succeeding the date on which it shall have become
    26  a law;
    27    b.  sections  four  and seven of this act shall take effect on the one
    28  hundred twentieth day after it shall have become a law; and
    29    c. section six of this act shall  apply  to  tuition  awards  for  the
    30  2017-2018 academic year and all subsequent academic years.
Enacts the Gun Trafficking Prevention Act

What's Happening

Why It Matters
