S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4016
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 25, 2015
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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 criminal possession  of  a
         weapon;  to  amend the penal law and the executive law, in relation to
         the possession of a firearm while under the influence  of  alcohol  or
         drugs; to amend the penal law, in relation to increasing penalties for
         the  criminal  sale  of  firearms; to amend the civil practice law and
         rules,  in  relation  to  forfeiture  money;  and  to  repeal  certain
         provisions of the penal law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 7 and 8 of section 265.01 of the penal law are
    2  REPEALED.
    3    S 2. Subdivision 10 of section 265.02 of the penal law,  as  added  by
    4  section  41-b  of  chapter 1 of the laws of 2013, is amended and two new
    5  subdivisions 11 and 12 are added to read as follows:
    6    (10) Such person possesses an unloaded firearm and  also  commits  any
    7  violent felony offense as defined in subdivision one of section 70.02 of
    8  this chapter as part of the same criminal transaction[.]; OR
    9    (11)  SUCH PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN EXPLOSIVE
   10  SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR
   11    (12) SUCH PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION  WITH  INTENT
   12  TO USE THE SAME UNLAWFULLY AGAINST ANOTHER.
   13    S  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
   14  chapter 1 of the laws of 2013, is amended to read as follows:
   15    1. Eligibility. No license shall be issued or renewed pursuant to this
   16  section except by the licensing officer, and then  only  after  investi-
   17  gation  and  finding  that  all statements in a proper application for a
   18  license are true. No license shall be issued or renewed  except  for  an
   19  applicant  (a) twenty-one years of age or older, provided, however, that
   20  where such applicant has  been  honorably  discharged  from  the  United
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05268-01-5
       S. 4016                             2
    1  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    2  national guard of the state of New York, no such age  restriction  shall
    3  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    4  anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
    5  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
    6  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
    7  an alien (i) is not illegally or unlawfully in the United States or (ii)
    8  has not been admitted to the United States  under  a  nonimmigrant  visa
    9  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
   10  discharged from the Armed Forces under dishonorable conditions; (h) who,
   11  having been a citizen of the United States, has not renounced his or her
   12  citizenship; (i) who has stated whether he or she has ever suffered  any
   13  mental illness; (j) who has not been involuntarily committed to a facil-
   14  ity  under  the  jurisdiction  of  an office of the department of mental
   15  hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
   16  article seven hundred thirty or section 330.20 of the criminal procedure
   17  law,  section  four  hundred two or five hundred eight of the correction
   18  law, section 322.2 or 353.4 of the family court act,  or  has  not  been
   19  civilly  confined in a secure treatment facility pursuant to article ten
   20  of the mental hygiene law; (k) who has not had a license revoked or  who
   21  is  not under a suspension or ineligibility order issued pursuant to the
   22  provisions of SUBDIVISION ELEVEN-A OF THIS SECTION,  section  530.14  of
   23  the  criminal  procedure law or section eight hundred forty-two-a of the
   24  family court act; (l) in the county of Westchester, who has successfully
   25  completed a firearms safety course and test as evidenced  by  a  certif-
   26  icate  of completion issued in his or her name and endorsed and affirmed
   27  under the penalties of perjury by a duly authorized  instructor,  except
   28  that:  (i)  persons  who are honorably discharged from the United States
   29  army, navy, marine corps or coast guard, or of the national guard of the
   30  state of New York, and produce evidence  of  official  qualification  in
   31  firearms  during  the term of service are not required to have completed
   32  those hours of a firearms safety course  pertaining  to  the  safe  use,
   33  carrying,  possession,  maintenance  and  storage of a firearm; and (ii)
   34  persons who were licensed to possess a pistol or revolver prior  to  the
   35  effective  date  of  this paragraph are not required to have completed a
   36  firearms safety course  and  test;  (m)  who  has  not  had  a  guardian
   37  appointed  for  him or her pursuant to any provision of state law, based
   38  on a determination that as a result of  marked  subnormal  intelligence,
   39  mental  illness,  incapacity,  condition or disease, he or she lacks the
   40  mental capacity to contract or manage his or her own  affairs;  and  (n)
   41  concerning  whom  no good cause exists for the denial of the license. No
   42  person shall engage in the business of gunsmith or  dealer  in  firearms
   43  unless licensed pursuant to this section. An applicant to engage in such
   44  business  shall  also be a citizen of the United States, more than twen-
   45  ty-one years of age and maintain a place of  business  in  the  city  or
   46  county  where the license is issued. For such business, if the applicant
   47  is a firm or partnership, each member thereof shall comply with  all  of
   48  the requirements set forth in this subdivision and if the applicant is a
   49  corporation, each officer thereof shall so comply.
   50    S  4. Subdivision 11 of section 400.00 of the penal law, as amended by
   51  chapter 1 of the laws of 2013, is amended to read as follows:
   52    11. License: revocation and suspension. (a) The conviction of a licen-
   53  see anywhere of a felony or serious offense or a licensee  at  any  time
   54  becoming ineligible to obtain a license under this section shall operate
   55  as a revocation of the license. A license may be revoked or suspended as
   56  provided  for in section 530.14 of the criminal procedure law or section
       S. 4016                             3
    1  eight hundred forty-two-a of the family court act. Except for a  license
    2  issued  pursuant  to  section  400.01  of this article, a license may be
    3  revoked and cancelled at any time in the city of New York,  and  in  the
    4  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
    5  than in the city of New York by any judge  or  justice  of  a  court  of
    6  record;  a license issued pursuant to section 400.01 of this article may
    7  be revoked and cancelled at any time by the  licensing  officer  or  any
    8  judge  or  justice of a court of record. The official revoking a license
    9  shall give written notice thereof without unnecessary delay to the exec-
   10  utive department, division of state police, Albany, and shall also noti-
   11  fy immediately the duly constituted police authorities of the  locality.
   12  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "SERIOUS OFFENSE" SHALL
   13  INCLUDE, BUT NOT BE  LIMITED  TO,  A  SECOND  VIOLATION  OF  SUBDIVISION
   14  ELEVEN-A  OF  THIS SECTION WITHIN TEN YEARS OF A PRIOR VIOLATION OF SUCH
   15  SUBDIVISION.
   16    (b) Whenever the director of community services or his or her designee
   17  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
   18  division  of  criminal  justice  services shall convey such information,
   19  whenever it determines that the person named in the report  possesses  a
   20  license  issued  pursuant  to this section, to the appropriate licensing
   21  official, who shall issue an order suspending or revoking such license.
   22    (c) In any instance in  which  a  person's  license  is  suspended  or
   23  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
   24  shall surrender such license to the appropriate licensing  official  and
   25  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
   26  person shall be surrendered to an appropriate law enforcement agency  as
   27  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
   28  section 265.20 of this chapter. In  the  event  such  license,  firearm,
   29  shotgun,  or  rifle  is not surrendered, such items shall be removed and
   30  declared a nuisance and any  police  officer  or  peace  officer  acting
   31  pursuant  to  his  or her special duties is authorized to remove any and
   32  all such weapons.
   33    S 5. Section 400.00 of the penal law is amended by adding a new subdi-
   34  vision 11-a to read as follows:
   35    11-A. LICENSE; SUSPENSION FOR POSSESSION WHILE UNDER THE INFLUENCE  OF
   36  ALCOHOL  OR  A  CONTROLLED  SUBSTANCE. (A) NO LICENSEE SHALL POSSESS ANY
   37  LOADED FIREARM, AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION  265.00  OF
   38  THIS CHAPTER, ON HIS OR HER PERSON IN A PUBLIC PLACE WHILE SUCH LICENSEE
   39  IS  EITHER  UNDER  THE  INFLUENCE OF ALCOHOL OR UNDER THE INFLUENCE OF A
   40  CONTROLLED SUBSTANCE, AS DEFINED IN SECTIONS  THIRTY-THREE  HUNDRED  TWO
   41  AND  THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.  FOR PURPOSES OF
   42  THIS SUBDIVISION, A PERSON IS CONSIDERED TO BE UNDER  THE  INFLUENCE  OF
   43  ALCOHOL  OR  UNDER  THE  INFLUENCE  OF A CONTROLLED SUBSTANCE WHERE SUCH
   44  PERSON HAS VOLUNTARILY CONSUMED ALCOHOL OR VOLUNTARILY USED ONE OR  MORE
   45  CONTROLLED SUBSTANCES, OR BOTH, TO THE EXTENT THAT HIS OR HER ABILITY TO
   46  SAFELY HANDLE OR USE A LOADED FIREARM HAS BEEN SIGNIFICANTLY DIMINISHED.
   47  FOR  PURPOSES  OF  THIS  SUBDIVISION, "PUBLIC PLACE" SHALL HAVE THE SAME
   48  MEANING AS IN  SUBDIVISION  ONE  OF  SECTION  240.00  OF  THIS  CHAPTER,
   49  PROVIDED  HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC PLACE"
   50  SHALL ALSO INCLUDE THE INTERIOR OF A MOTOR VEHICLE.   AS  USED  IN  THIS
   51  SUBDIVISION,  "ON  HIS  OR  HER PERSON" SHALL HAVE ITS ORDINARY MEANING,
   52  PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, A PERSON SHALL
   53  ALSO BE DEEMED TO POSSESS A FIREARM "ON  HIS  OR  HER  PERSON"  WHERE  A
   54  FIREARM  LICENSED TO SUCH PERSON IS FOUND IN A MOTOR VEHICLE AT THE SAME
   55  TIME SUCH PERSON IS AN OCCUPANT OF SUCH VEHICLE.
       S. 4016                             4
    1    (B) THE LICENSE TO CARRY OR POSSESS A FIREARM OF  ANY  PERSON  WHO  IS
    2  CHARGED  WITH  A  VIOLATION OF ANY OF THE PROVISIONS OF PARAGRAPH (A) OF
    3  THIS SUBDIVISION OR WHO REFUSES TO SUBMIT TO A CHEMICAL TEST OF  HIS  OR
    4  HER  BREATH,  BLOOD,  URINE OR SALIVA FOR THE PURPOSE OF DETERMINING THE
    5  ALCOHOLIC  AND/OR  DRUG  CONTENT  OF  HIS  OR  HER BLOOD SHALL BE DEEMED
    6  SUSPENDED, WITH RESPECT TO THE FIREARM OR FIREARMS FORMING THE BASIS  OF
    7  SUCH CHARGE OR REFUSAL, PENDING A HEARING HELD PURSUANT TO THIS SUBDIVI-
    8  SION  AND  SUCH  FIREARM  OR  FIREARMS,  TOGETHER  WITH  ANY  AMMUNITION
    9  POSSESSED THEREWITH, SHALL BE CONFISCATED AND HELD BY THE POLICE PENDING
   10  SUCH HEARING.
   11    (C) (I) ANY PERSON WHO HOLDS A LICENSE TO CARRY OR POSSESS  A  FIREARM
   12  IN  THIS  STATE  SHALL  BE  DEEMED TO HAVE GIVEN HIS OR HER CONSENT TO A
   13  CHEMICAL TEST OF HIS OR HER BREATH,  BLOOD,  URINE  OR  SALIVA  FOR  THE
   14  PURPOSE  OF  DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT OF HIS OR HER
   15  BLOOD; PROVIDED, THAT SUCH TEST IS ADMINISTERED BY OR AT  THE  DIRECTION
   16  OF  A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST OF BREATH, URINE OR
   17  SALIVA OR, WITH RESPECT TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF
   18  A POLICE OFFICER  HAVING  REASONABLE  GROUNDS  TO  BELIEVE  SUCH  PERSON
   19  POSSESSES A FIREARM IN VIOLATION OF THIS SUBDIVISION.
   20    (II)  IF SUCH LICENSEE, HAVING BEEN REQUESTED TO SUBMIT TO SUCH CHEMI-
   21  CAL TEST AND HAVING BEEN INFORMED THAT HIS OR HER LICENSE  TO  CARRY  OR
   22  POSSESS  A  FIREARM  SHALL  BE SUSPENDED FOR A REFUSAL TO SUBMIT TO SUCH
   23  CHEMICAL TEST, REFUSES TO SUBMIT TO SUCH TEST OR  IS  ADMINISTERED  SUCH
   24  TEST,  A  WRITTEN  REPORT  OF SUCH REFUSAL OR TEST RESULT SHALL BE IMME-
   25  DIATELY MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL OR TEST  WAS
   26  MADE.  SUCH  REPORT  MAY  BE  VERIFIED BY HAVING THE REPORT SWORN TO, OR
   27  AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
   28  ARE PUNISHABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION  210.45  OF
   29  THIS CHAPTER, AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE
   30  DEPONENT  SHALL  CONSTITUTE  A VERIFICATION OF THE REPORT. THE REPORT OF
   31  THE POLICE OFFICER SHALL STATE THAT HE OR SHE HAD REASONABLE GROUNDS  TO
   32  BELIEVE SUCH LICENSEE TO HAVE BEEN IN VIOLATION OF THIS SUBDIVISION AND,
   33  IF  APPROPRIATE, THAT SAID PERSON HAD REFUSED TO SUBMIT TO SUCH CHEMICAL
   34  TEST. COPIES OF SUCH REPORT SHALL BE FORWARDED BY THE POLICE OFFICER  TO
   35  THE LICENSING OFFICER WITHIN FORTY-EIGHT HOURS.
   36    (D)  (I)  ANY LICENSEE WHOSE LICENSE TO CARRY OR POSSESS A FIREARM HAS
   37  BEEN DEEMED SUSPENDED PURSUANT TO THE  TERMS  OF  THIS  SUBDIVISION,  IS
   38  ENTITLED TO A HEARING BY THE LICENSING OFFICER, NO LATER THAN SEVEN DAYS
   39  AFTER  THE  DATE ON WHICH HE OR SHE ALLEGEDLY VIOLATED THIS SUBDIVISION.
   40  SUCH HEARING SHALL BE CONDUCTED BY THE LICENSING  OFFICER,  OR  IF  SUCH
   41  POSSESSION  ALLEGEDLY  OCCURRED  IN  THE CITY OF NEW YORK, BY THE POLICE
   42  COMMISSIONER OF SUCH CITY. IF THE LICENSING OFFICER FAILS TO PROVIDE FOR
   43  SUCH HEARING WITHIN THE TIME PRESCRIBED  HEREIN,  THE  LICENSE  OF  SUCH
   44  PERSON  SHALL  BE REINSTATED PENDING A HEARING PURSUANT TO THIS SUBDIVI-
   45  SION AND ANY  LAWFULLY  POSSESSED  FIREARM  AND  AMMUNITION  CONFISCATED
   46  PURSUANT  TO  PARAGRAPH  (B)  OF  THIS  SUBDIVISION SHALL BE IMMEDIATELY
   47  RETURNED TO THE LICENSEE.  THE BURDEN OF PROOF AT  A  HEARING  CONDUCTED
   48  PURSUANT TO THIS SUBDIVISION SHALL BE ON THE POLICE OFFICER TO PROVE THE
   49  ISSUES BY A PREPONDERANCE OF THE EVIDENCE.  THE HEARING SHALL BE LIMITED
   50  TO  THE FOLLOWING ISSUES: (1) DID THE PERSON POSSESS A LOADED FIREARM ON
   51  HIS OR HER PERSON IN A PUBLIC PLACE WHILE UNDER THE INFLUENCE OF ALCOHOL
   52  OR DRUGS IN VIOLATION OF THIS SUBDIVISION AND  DID  THE  POLICE  OFFICER
   53  HAVE  REASONABLE  GROUNDS FOR BELIEVING SUCH VIOLATION HAD OCCURRED; AND
   54  (2) IF SUSPENSION IS BASED UPON A REFUSAL TO SUBMIT TO A CHEMICAL  TEST,
   55  DID  THE POLICE OFFICER HAVE REASONABLE GROUNDS FOR BELIEVING THE LICEN-
   56  SEE POSSESSED A FIREARM IN  VIOLATION  OF  THIS  SUBDIVISION,  WAS  SUCH
       S. 4016                             5
    1  PERSON  GIVEN  SUFFICIENT  WARNING,  IN  CLEAR AND UNEQUIVOCAL LANGUAGE,
    2  PRIOR TO SUCH REFUSAL THAT SUCH REFUSAL TO SUBMIT TO SUCH CHEMICAL  TEST
    3  WOULD  RESULT  IN THE SUSPENSION OF HIS OR HER LICENSE WHETHER OR NOT HE
    4  OR  SHE  IS  FOUND  GUILTY  OF  THE CHARGE AND DID SUCH PERSON REFUSE TO
    5  SUBMIT TO SUCH CHEMICAL TEST.   IF, AFTER SUCH  HEARING,  THE  LICENSING
    6  OFFICER  FINDS  ON  BOTH OF SAID ISSUES IN THE NEGATIVE, HE OR SHE SHALL
    7  IMMEDIATELY REINSTATE SUCH LICENSE SUBJECT TO ANY EXISTING  RESTRICTION,
    8  REVOCATION,  OR  SUSPENSION  OF  SUCH LICENSE AND ANY LAWFULLY POSSESSED
    9  FIREARM AND AMMUNITION CONFISCATED PURSUANT TO  PARAGRAPH  (B)  OF  THIS
   10  SUBDIVISION  SHALL  BE  IMMEDIATELY RETURNED TO THE LICENSEE.  IF, AFTER
   11  SUCH HEARING, THE LICENSING OFFICER FINDS EITHER OF THE  ISSUES  IN  THE
   12  AFFIRMATIVE,  HE  OR  SHE  SHALL  IMMEDIATELY SUSPEND THE LICENSE.   THE
   13  FIREARM LICENSE SHALL BE SUSPENDED FOR A PERIOD OF ONE YEAR. THE LICENS-
   14  ING OFFICER, UPON SUSPENDING A LICENSE, SHALL INSTRUCT THE  PERSON  THAT
   15  ALL  OUTSTANDING  FIREARMS HELD PURSUANT TO SUCH LICENSE, AND ANY AMEND-
   16  MENTS THERETO, SHALL BE SURRENDERED TO THE DULY ENTITLED POLICE AUTHORI-
   17  TIES WITHIN TWENTY-FOUR HOURS OF THE CONCLUSION  OF  SUCH  HEARING.  THE
   18  LICENSING  OFFICER  SHALL  INSTRUCT SUCH PERSON THAT ALL WEAPONS SURREN-
   19  DERED PURSUANT TO THIS PARAGRAPH AND PARAGRAPH (B) OF  THIS  SUBDIVISION
   20  SHALL BE RETURNED TO SUCH PERSON UPON THE REINSTATEMENT OF SUCH LICENSE.
   21  ANY PERSON MAY WAIVE HIS OR HER RIGHT TO A HEARING UNDER THIS PARAGRAPH.
   22  FAILURE  BY SUCH PERSON TO APPEAR FOR HIS OR HER SCHEDULED HEARING SHALL
   23  CONSTITUTE A WAIVER OF SUCH HEARING, PROVIDED, HOWEVER, THAT SUCH PERSON
   24  MAY PETITION THE LICENSING OFFICER FOR A NEW HEARING WHICH, IF  GRANTED,
   25  SHALL BE HELD AS SOON AS PRACTICABLE.
   26    (II)  EVIDENCE  OF  A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST SHALL BE
   27  ADMISSIBLE IN ANY HEARING HELD PURSUANT TO THE PROVISIONS OF THIS SUBDI-
   28  VISION BUT ONLY UPON SHOWING THAT THE PERSON WAS GIVEN SUFFICIENT  WARN-
   29  ING, IN CLEAR AND UNEQUIVOCAL LANGUAGE, OF THE EFFECT OF SUCH REFUSAL.
   30    (III)  UPON  THE  REQUEST OF THE PERSON WHO WAS TESTED, THE RESULTS OF
   31  SUCH TEST SHALL BE MADE AVAILABLE TO HIM OR HER.
   32    (IV) THE CHEMICAL TEST PROVIDED FOR IN SUBPARAGRAPH (I)  OF  PARAGRAPH
   33  (C)  OF  THIS  SUBDIVISION  SHALL  BE  CONDUCTED  IN  THE SAME MANNER AS
   34  PROVIDED IN SUBDIVISION FOUR OF SECTION ELEVEN  HUNDRED  NINETY-FOUR  OF
   35  THE VEHICLE AND TRAFFIC LAW.
   36    (V)  ANY  PERSON  WHOSE  LICENSE  IS SUSPENDED FOR A VIOLATION OF THIS
   37  SUBDIVISION SHALL, AS A CONDITION FOR  REINSTATEMENT  OF  SUCH  LICENSE,
   38  SUCCESSFULLY  COMPLETE  THE  ALCOHOL  AND  DRUG  REHABILITATION  PROGRAM
   39  PROVIDED FOR IN SECTION EIGHT HUNDRED THIRTY-SEVEN-S  OF  THE  EXECUTIVE
   40  LAW.  THE  LICENSING  OFFICER SHALL NOT REINSTATE SUCH LICENSE UNTIL THE
   41  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES CERTIFIES SUCH
   42  PERSON HAS SUCCESSFULLY COMPLETED THE ALCOHOL  AND  DRUG  REHABILITATION
   43  PROGRAM.
   44    (VI)  DURING  THE  PERIOD OF SUSPENSION PROVIDED FOR IN THIS PARAGRAPH
   45  SUCH PERSON SHALL NOT BE PERMITTED TO  APPLY  FOR  ANY  LICENSE,  OR  AN
   46  AMENDMENT TO AN EXISTING LICENSE, PROVIDED FOR IN THIS SECTION.
   47    (E)  THE  LICENSING  OFFICER  SUSPENDING  A LICENSE SHALL GIVE WRITTEN
   48  NOTICE THEREOF, WITHOUT UNNECESSARY DELAY, TO THE EXECUTIVE  DEPARTMENT,
   49  DIVISION  OF STATE POLICE, ALBANY, AND SHALL ALSO NOTIFY IMMEDIATELY THE
   50  DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY.
   51    (F) IN ANY HEARING PURSUANT TO THIS SUBDIVISION, THE LICENSING OFFICER
   52  SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR DRUGS IN  THE  PERSON'S
   53  BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT TO THE PROVISIONS OF THIS
   54  SUBDIVISION.
       S. 4016                             6
    1    THE  FOLLOWING  EFFECT  SHALL  BE  GIVEN  TO EVIDENCE OF BLOOD-ALCOHOL
    2  CONTENT, AS DETERMINED BY  SUCH  TESTS,  OF  A  PERSON  CHARGED  WITH  A
    3  VIOLATION OF THIS SUBDIVISION:
    4    (I)  EVIDENCE THAT THERE WAS LESS THAN .10 OF ONE PER CENTUM BY WEIGHT
    5  OF ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE  PRIMA  FACIE  EVIDENCE  THAT
    6  SUCH PERSON WAS NOT UNDER THE INFLUENCE OF ALCOHOL;
    7    (II)  EVIDENCE  THAT THERE WAS .10 OF ONE PER CENTUM OR MORE BY WEIGHT
    8  OF ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE  PRIMA  FACIE  EVIDENCE  THAT
    9  SUCH PERSON WAS UNDER THE INFLUENCE OF ALCOHOL.
   10    (G)  EXCEPT  AS  HEREIN  SPECIFICALLY  PROVIDED, THE HEARING CONDUCTED
   11  PURSUANT TO THIS SUBDIVISION SHALL  BE  DEEMED  TO  BE  AN  ADJUDICATORY
   12  PROCEEDING  SUBJECT  TO  THE  PROVISIONS  OF  ARTICLE THREE OF THE STATE
   13  ADMINISTRATIVE PROCEDURE ACT.
   14    (H) ANY PERSON AGGRIEVED BY A DECISION AFTER THE HEARING PROVIDED  FOR
   15  IN  THIS SUBDIVISION MAY APPEAL SUCH DECISION PURSUANT TO THE PROVISIONS
   16  OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   17    (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
   18  PERSON  SHALL BE ARRESTED SOLELY FOR AN ALLEGED VIOLATION OF THIS SUBDI-
   19  VISION. HOWEVER, A PERSON FOR WHOM A CHEMICAL TEST IS AUTHORIZED  PURSU-
   20  ANT TO THIS SUBDIVISION MAY BE TEMPORARILY DETAINED BY THE POLICE SOLELY
   21  FOR  THE PURPOSE OF REQUESTING OR ADMINISTERING SUCH CHEMICAL TEST WHEN-
   22  EVER ARREST WITHOUT WARRANT FOR A PETTY OFFENSE WOULD BE  AUTHORIZED  IN
   23  ACCORDANCE  WITH THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL PROCE-
   24  DURE LAW.
   25    (J) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED  TO  IN  ANY
   26  WAY  REDUCE  OR  LIMIT  THE EXISTING AUTHORITY OF A LICENSING OFFICER TO
   27  REVOKE OR SUSPEND A LICENSE ISSUED PURSUANT  TO  THIS  SECTION.  NOTHING
   28  CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT, REDUCE OR IN ANY
   29  WAY EFFECT THE CRIMINAL LIABILITY OF A LICENSEE FOR ANY FIREARM OR OTHER
   30  OFFENSE DEFINED IN THIS CHAPTER OR ANY OTHER PROVISION OF LAW.
   31    S  6. Subdivision 15 of section 400.00 of the penal law, as amended by
   32  chapter 1 of the laws of 2013, is amended to read as follows:
   33    15. Any violation by any person of  any  provision  of  this  section,
   34  OTHER  THAN A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION ELEVEN-A OF THIS
   35  SECTION, is a class A misdemeanor.
   36    S 7. The executive law is amended by adding a  new  section  837-s  to
   37  read as follows:
   38    S  837-S.  ALCOHOL  AND DRUG REHABILITATION PROGRAM. 1. PROGRAM ESTAB-
   39  LISHMENT. THERE IS HEREBY ESTABLISHED AN ALCOHOL AND DRUG REHABILITATION
   40  PROGRAM WITHIN THE DIVISION.  THE COMMISSIONER SHALL ESTABLISH, BY REGU-
   41  LATION, THE INSTRUCTIONAL AND REHABILITATIVE  ASPECTS  OF  THE  PROGRAM.
   42  SUCH  PROGRAM SHALL CONSIST OF AT LEAST FIFTEEN AND NOT MORE THAN THIRTY
   43  HOURS AND INCLUDE, BUT NEED NOT BE LIMITED TO, CLASSROOM INSTRUCTION  IN
   44  AREAS DEEMED SUITABLE BY THE COMMISSIONER.
   45    2.  CURRICULUM.  THE  FORM,  CONTENT AND METHOD OF PRESENTATION OF THE
   46  VARIOUS ASPECTS OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE  COMMISSION-
   47  ER.  IN  THE  DEVELOPMENT  OF  THE  FORM, CURRICULUM AND CONTENT OF SUCH
   48  PROGRAM, THE COMMISSIONER MAY CONSULT WITH THE  COMMISSIONER  OF  MENTAL
   49  HEALTH, THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   50  SERVICES  AND  ANY  OTHER  STATE  DEPARTMENT  OR  AGENCY AND REQUEST AND
   51  RECEIVE ASSISTANCE FROM THEM. THE COMMISSIONER  IS  ALSO  AUTHORIZED  TO
   52  DEVELOP  MORE THAN ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN
   53  ORDER TO MEET THE VARYING REHABILITATIVE NEEDS OF THE PARTICIPANTS.
   54    3. WHERE AVAILABLE. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN  AT
   55  LEAST  EVERY  COUNTY  IN THE STATE, EXCEPT WHERE THE COMMISSIONER DETER-
   56  MINES THAT THERE IS NOT A SUFFICIENT NUMBER OF ALCOHOL  OR  DRUG-RELATED
       S. 4016                             7
    1  OFFENSES  IN  A  COUNTY TO MANDATE THE ESTABLISHMENT OF SAID COURSE, AND
    2  THAT PROVISIONS BE MADE FOR THE RESIDENTS OF SAID  COUNTY  TO  ATTEND  A
    3  COURSE IN ANOTHER COUNTY WHERE A COURSE EXISTS.
    4    4. ELIGIBILITY. PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO THOSE
    5  PERSONS  HAVING  VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ELEVEN-A OF
    6  SECTION 400.00 OF THE PENAL LAW.
    7    5. EFFECT OF COMPLETION.  UPON SUCCESSFUL COMPLETION OF  A  COURSE  IN
    8  SUCH  PROGRAM AS CERTIFIED BY ITS ADMINISTRATOR, THE COMMISSIONER SHALL,
    9  ON A FORM PROVIDED FOR SUCH PURPOSE, NOTIFY  THE  APPROPRIATE  LICENSING
   10  OFFICER  HAVING  ISSUED  THE  ORDER  OF  SUSPENSION  OF  SUCH LICENSEE'S
   11  SUCCESSFUL COMPLETION OF THE COURSE PROVIDED FOR IN THIS SECTION.
   12    6. FEES. THE COMMISSIONER SHALL ESTABLISH A SCHEDULE  OF  FEES  TO  BE
   13  PAID  BY  OR ON BEHALF OF EACH PARTICIPANT IN THE PROGRAM, AND MAY, FROM
   14  TIME TO TIME, MODIFY SAME.  SUCH FEES SHALL DEFRAY THE ONGOING  EXPENSES
   15  OF  THE  PROGRAM,  PROVIDED, HOWEVER, THAT PURSUANT TO AN AGREEMENT WITH
   16  THE DIVISION A MUNICIPALITY, DEPARTMENT THEREOF,  OR  OTHER  AGENCY  MAY
   17  CONDUCT A COURSE IN SUCH PROGRAM WITH ALL OR PART OF THE EXPENSE OF SUCH
   18  COURSE AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY, DEPARTMENT OR AGEN-
   19  CY.  IN NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER FOR REASONS OF THE
   20  PARTICIPANT'S WITHDRAWAL OR EXPULSION FROM SUCH PROGRAM OR OTHERWISE.
   21    S 8. The closing paragraph of section 265.13  of  the  penal  law,  as
   22  amended  by  chapter  764  of  the  laws  of 2005, is amended to read as
   23  follows:
   24    Criminal sale of a firearm in the first degree is a class [B] A  felo-
   25  ny.
   26    S  9.  The  closing  paragraph  of section 265.12 of the penal law, as
   27  amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
   28  follows:
   29    Criminal sale of a firearm in the second degree is a class [C] B felo-
   30  ny.
   31    S  10.    Paragraph (a) of subdivision 1 of section 70.02 of the penal
   32  law, as amended by chapter 320 of the laws of 2006, is amended  to  read
   33  as follows:
   34    (a)  Class  B  violent felony offenses: an attempt to commit the class
   35  A-I felonies of murder in  the  second  degree  as  defined  in  section
   36  125.25, kidnapping in the first degree as defined in section 135.25, and
   37  arson  in the first degree as defined in section 150.20; manslaughter in
   38  the first degree as defined in section 125.20,  aggravated  manslaughter
   39  in  the  first  degree  as  defined in section 125.22, rape in the first
   40  degree as defined in section 130.35, criminal sexual act  in  the  first
   41  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   42  first degree as defined in section  130.70,  course  of  sexual  conduct
   43  against  a  child  in  the  first  degree  as defined in section 130.75;
   44  assault in the first degree as defined in section 120.10, kidnapping  in
   45  the  second  degree  as defined in section 135.20, burglary in the first
   46  degree as defined in section 140.30,  arson  in  the  second  degree  as
   47  defined  in  section  150.15,  robbery in the first degree as defined in
   48  section 160.15, incest in the first degree as defined in section 255.27,
   49  criminal possession of a weapon  in  the  first  degree  as  defined  in
   50  section 265.04, criminal use of a firearm in the first degree as defined
   51  in  section  265.09,  criminal  sale  of a firearm in the [first] SECOND
   52  degree as defined in section [265.13] 265.12, CRIMINAL SALE OF A FIREARM
   53  WITH THE AID OF A MINOR AS DEFINED IN SECTION 265.14, aggravated assault
   54  upon a police officer or a peace officer as defined in  section  120.11,
   55  gang  assault  in  the first degree as defined in section 120.07, intim-
   56  idating a victim or witness in the first degree as  defined  in  section
       S. 4016                             8
    1  215.17,  hindering  prosecution  of  terrorism  in  the  first degree as
    2  defined in section 490.35, criminal possession of a chemical  weapon  or
    3  biological weapon in the second degree as defined in section 490.40, and
    4  criminal  use  of  a  chemical  weapon or biological weapon in the third
    5  degree as defined in section 490.47.
    6    S 11. The closing paragraph of section 265.11 of  the  penal  law,  as
    7  amended  by  chapter  764  of  the  laws  of 2005, is amended to read as
    8  follows:
    9    Criminal sale of a firearm in the third degree is a class [D] C  felo-
   10  ny.
   11    S  12.  Paragraph  (b)  of subdivision 1 of section 70.02 of the penal
   12  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
   13  follows:
   14    (b)  Class  C violent felony offenses: an attempt to commit any of the
   15  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   16  vated criminally negligent homicide as defined in section 125.11, aggra-
   17  vated  manslaughter  in  the second degree as defined in section 125.21,
   18  aggravated sexual abuse in the  second  degree  as  defined  in  section
   19  130.67, assault on a peace officer, police officer, fireman or emergency
   20  medical services professional as defined in section 120.08, assault on a
   21  judge as defined in section 120.09, gang assault in the second degree as
   22  defined  in section 120.06, strangulation in the first degree as defined
   23  in section 121.13, burglary in the second degree as defined  in  section
   24  140.25, robbery in the second degree as defined in section 160.10, crim-
   25  inal  possession  of a weapon in the second degree as defined in section
   26  265.03, criminal use of a firearm in the second  degree  as  defined  in
   27  section  265.08, criminal sale of a firearm in the [second] THIRD degree
   28  as defined in section [265.12] 265.11, criminal sale of a firearm  [with
   29  the  aid  of a minor as defined in section 265.14] TO A MINOR AS DEFINED
   30  IN SECTION 265.16, aggravated criminal possession of a weapon as defined
   31  in section 265.19, soliciting or providing support for an act of terror-
   32  ism in the first degree as defined in section 490.15,  hindering  prose-
   33  cution  of  terrorism in the second degree as defined in section 490.30,
   34  and criminal possession of a chemical weapon or biological weapon in the
   35  third degree as defined in section 490.37.
   36    S 13. The closing paragraph of section 265.16 of  the  penal  law,  as
   37  amended  by  chapter  654  of  the  laws  of 1998, is amended to read as
   38  follows:
   39    Criminal sale of a firearm to a minor is a class [C] B felony.
   40    S 14. The closing paragraph of section 265.14 of  the  penal  law,  as
   41  amended  by  chapter  654  of  the  laws  of 1998, is amended to read as
   42  follows:
   43    Criminal sale of a firearm with the aid of a minor is a  class  [C]  B
   44  felony.
   45    S  15.  Subparagraph  (i) of paragraph (h) of subdivision 2 of section
   46  1349 of the civil practice law and rules, as added by chapter 655 of the
   47  laws of 1990, is amended to read as follows:
   48    (i) [seventy-five] SIXTY-FIVE percent of such moneys shall be deposit-
   49  ed to a law enforcement purposes subaccount of the general fund  of  the
   50  state  where  the  claiming agent is an agency of the state or the poli-
   51  tical subdivision or public authority of which the claiming agent  is  a
   52  part,  to  be used for law enforcement use in the investigation of penal
   53  law offenses; AND TEN PERCENT OF SUCH MONIES SHALL BE ALLOCATED  TO  THE
   54  POLICE  ATHLETIC LEAGUE OF THE POLITICAL SUBDIVISION OR PUBLIC AUTHORITY
   55  OF WHICH THE CLAIMING AGENT IS A PART;
       S. 4016                             9
    1    S 16.  Paragraph (b) of subdivision 3 of section 70.02  of  the  penal
    2  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    3  follows:
    4    (b) For a class C felony, the term must be at least three and one-half
    5  years  and  must  not  exceed fifteen years, provided, however, that the
    6  term must be: (i) at least seven years and must not exceed twenty  years
    7  where  the  sentence  is for the crime of aggravated manslaughter in the
    8  second degree as defined in section 125.21  of  this  chapter;  (ii)  at
    9  least seven years and must not exceed twenty years where the sentence is
   10  for  the  crime of attempted aggravated assault upon a police officer or
   11  peace officer as defined in section 120.11 of  this  chapter;  (iii)  at
   12  least  three  and  one-half years and must not exceed twenty years where
   13  the sentence is for the crime of aggravated criminally  negligent  homi-
   14  cide  as  defined in section 125.11 of this chapter; [and] (iv) at least
   15  five years and must not exceed  fifteen  years  where  the  sentence  is
   16  imposed  for  the crime of aggravated criminal possession of a weapon as
   17  defined in section 265.19 of this chapter; AND (V) AT  LEAST  TEN  YEARS
   18  AND  MUST  NOT  EXCEED TWENTY YEARS WHERE THE SENTENCE IS FOR A CRIME OF
   19  CRIMINAL POSSESSION OF A WEAPON IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   20  SECTION 265.03 OF THIS CHAPTER;
   21    S  17.    This  act  shall  take  effect on the first of November next
   22  succeeding the date on which it shall have become a law.