STATE OF NEW YORK
        ________________________________________________________________________
                                          8439
                    IN SENATE
                                       May 7, 2018
                                       ___________
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law and the state finance law, in relation  to
          establishing a municipal gun tip hotline and municipal gun tip hotline
          fund
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new section 400.15  to
     2  read as follows:
     3  § 400.15 Municipal gun tip hotline program.
     4    1.  For  purposes  of this section, the following terms shall have the
     5  following meanings:
     6    (a) "Agency" means the police force or department of any county, city,
     7  town, or village or a county sheriff.
     8    (b) "Municipal gun tip hotline program" means any program in  which  a
     9  fully  functioning  illegal firearm, rifle, shotgun or ammunition may be
    10  reported or surrendered to an agency pursuant to this section.
    11    (c) "Superintendent" means the superintendent of the division of state
    12  police.
    13    (d) "Secretary" means the secretary of the department of state.
    14    2. The municipal gun tip hotline program is hereby established.  Agen-
    15  cies  may participate at their option as funds are allocated through the
    16  municipal gun tip hotline fund established under section ninety-seven-cc
    17  of the state finance law.
    18    3. The division of state police, in conjunction with the department of
    19  state shall administer this program and promulgate any rules  and  regu-
    20  lations  the  superintendent  deems  necessary for the implementation of
    21  this program. Such rules may include:
    22    (a) guidelines for an agency participating in the program  to  coordi-
    23  nate  with  community  groups  within  its jurisdiction. Such guidelines
    24  shall include, but not be limited to:
    25    (i) allowing individuals to anonymously  report  or  turn  in  illegal
    26  fully functioning guns and then collect a five hundred dollar reward;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05420-07-8

        S. 8439                             2
     1    (ii)  all  calls are anonymous and no arrest or conviction is required
     2  for the caller to receive the reward; and
     3    (iii)  individuals  with information about the location of fully func-
     4  tioning illegal guns or who wish to turn in such firearms shall make two
     5  phone calls to the anonymous tip  hotline  established  by  the  agency.
     6  During  the  initial  phone  conversation  in  which the caller provides
     7  information about the illegal firearm, the caller receives  a  confiden-
     8  tial  identification  number  and  is instructed to call back at a later
     9  date. During the second phone call, the caller uses  the  identification
    10  number  to check whether an illegal firearm was recovered as a result of
    11  the initial call and, if so, the caller is provided a second identifica-
    12  tion number and instructed  to  communicate  with  a  specific  bank  to
    13  collect the reward of five hundred dollars;
    14    (b)  the  manner  in  which an agency may apply for funds to support a
    15  municipal gun tip hotline program and the manner in which the funds will
    16  be allocated and distributed;
    17    (c)  guidelines  for  the  safe  storage  and  disposal  of  recovered
    18  firearms,  rifles,  shotguns,  or  ammunition  in  the possession of the
    19  participating agency, return of any recovered  stolen  property  to  its
    20  rightful  owner  as  appropriate,  and  retention  for  evidence  of any
    21  firearm, rifle, or shotgun determined to have been used in a crime; and
    22    (d) provisions for checking the serial number of every firearm, rifle,
    23  or shotgun obtained by such gun buyback program  against  the  New  York
    24  Statewide Police Information Network records.
    25    4.  Any  person  participating  in a municipal gun tip hotline program
    26  pursuant to this section shall be immune from criminal  prosecution  for
    27  the  criminal  offenses  established by sections 265.01, 265.02, 265.03,
    28  and 265.05 of this chapter, provided  the  person  is,  in  good  faith,
    29  acting to surrender a firearm through the program.
    30    5.  Any police agency shall be authorized to develop and implement its
    31  own municipal gun tip hotline program provided it is otherwise permitted
    32  by law and conforms to the rules outlined in subdivision three  of  this
    33  section.
    34    § 2. The state finance law is amended by adding a new section 97-cc to
    35  read as follows:
    36    §  97-cc.  Municipal  gun  tip hotline fund. 1. There is hereby estab-
    37  lished, in the joint custody of the superintendent of state  police  and
    38  the  secretary  of  state  a  fund  to be known as the municipal gun tip
    39  hotline fund.
    40    2. The superintendent and the secretary  shall  promulgate  rules  and
    41  regulations  for  the  implementation  and  distribution of this fund to
    42  assist municipalities in the municipal gun tip  hotline  program  estab-
    43  lished under section 400.15 of the penal law. Such rules and regulations
    44  shall  authorize  police  agencies  that develop and implement their own
    45  plans pursuant to subdivision five of section 400.15 of the penal law to
    46  be eligible to participate  in  the  municipal  gun  tip  hotline  fund,
    47  provided  the superintendent of state police authorizes participation in
    48  the fund.
    49    3. Funding may be allocated from the general fund or acquired  through
    50  donations  from  private  businesses,  charities and individuals or from
    51  assets, seizures and forfeitures collected by the agencies.
    52    § 3. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law. Effective immediately, the addition,  amend-
    54  ment and/or repeal of any rule or regulation necessary for the implemen-
    55  tation  of  this act on its effective date are authorized to be made and
    56  completed on or before such effective date.