STATE OF NEW YORK
        ________________________________________________________________________
                                           827
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  BOYLE  -- 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 establishing the crimes of
          criminal possession of a weapon by a domestic violence offender in the
          first and second degrees
          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 two new sections 265.18
     2  and 265.18-a to read as follows:
     3  § 265.18 Criminal possession of a weapon by a domestic violence offender
     4              in the first degree.
     5    A person is guilty of criminal possession of a weapon  by  a  domestic
     6  violence offender in the first degree when:
     7    (a)  Such  person  has  been convicted of assault in the third degree,
     8  menacing in the third degree, menacing in the  second  degree,  criminal
     9  obstruction  of breathing or blood circulation, unlawful imprisonment in
    10  the second degree, coercion in the third degree,  criminal  contempt  in
    11  the second degree, harassment in the first degree, or aggravated harass-
    12  ment in the second degree, criminal trespass in the third degree, crimi-
    13  nal trespass in the second degree, arson in the fifth degree, or attempt
    14  to commit any of the above-listed offenses, and the defendant and victim
    15  have  been determined, pursuant to section 370.15 of the criminal proce-
    16  dure law, to be members of the same family or household  as  defined  in
    17  subdivision  one  of  section  530.11 of the criminal procedure law, and
    18  such person has been deemed prohibited  from  possessing  a  firearm  or
    19  other weapon due to such conviction; and
    20    1.  knowing  that  he  or  she  is prohibited by law from possessing a
    21  firearm or other weapon, such person purchases a firearm or other weapon
    22  from another person; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06609-01-9

        S. 827                              2
     1    2. knowing that he or she is  prohibited  by  law  from  possessing  a
     2  firearm  or other weapon, such person possesses a firearm or other weap-
     3  on; or
     4    (b)  Knowing that it would be unlawful for another person to possess a
     5  firearm or other weapon due to a conviction  of  assault  in  the  third
     6  degree,  menacing  in  the  third degree, menacing in the second degree,
     7  criminal obstruction of breathing or blood circulation, unlawful  impri-
     8  sonment  in  the  second  degree, coercion in the third degree, criminal
     9  contempt in the second degree, harassment in the first degree, or aggra-
    10  vated harassment in the second degree, criminal trespass  in  the  third
    11  degree,  criminal  trespass  in  the  second  degree, arson in the fifth
    12  degree, or attempt to commit any of the above-listed offenses,  and  the
    13  defendant and victim have been determined, pursuant to section 370.15 of
    14  the  criminal  procedure law, to be members of the same family or house-
    15  hold as defined in subdivision one of section  530.11  of  the  criminal
    16  procedure  law, and such person has been deemed prohibited from possess-
    17  ing a firearm or other weapon due to such conviction; and
    18    1. he or she purchases a firearm or other weapon, on behalf of, or for
    19  the use of such other person; or
    20    2. he or she disposes of a firearm  or  other  weapon  to  such  other
    21  person.
    22    Criminal possession of a weapon by a domestic violence offender in the
    23  first degree is a class D felony.
    24  § 265.18-a Criminal possession of a weapon by a domestic violence offen-
    25              der in the second degree.
    26    A  person  is  guilty of criminal possession of a weapon by a domestic
    27  violence offender in the second degree when:
    28    (a) Such person has been convicted of criminal tampering in the  third
    29  degree  and  the  defendant and victim have been determined, pursuant to
    30  section 370.15 of the criminal procedure law, to be members of the  same
    31  family  or  household as defined in subdivision one of section 530.11 of
    32  the criminal procedure law, and such person has been  deemed  prohibited
    33  from possessing a firearm or other weapon due to such conviction; and
    34    1.  knowing  that  he  or  she  is prohibited by law from possessing a
    35  firearm or other weapon, such person purchases a firearm or other weapon
    36  from another person; or
    37    2. knowing that he or she is  prohibited  by  law  from  possessing  a
    38  firearm  or other weapon, such person possesses a firearm or other weap-
    39  on; or
    40    (b) Knowing that it would be unlawful for another person to possess  a
    41  firearm or other weapon due to a conviction of criminal tampering in the
    42  third degree and the defendant and victim have been determined, pursuant
    43  to  section  370.15  of the criminal procedure law, to be members of the
    44  same family or household as defined in subdivision one of section 530.11
    45  of the criminal procedure law, and such person has been deemed prohibit-
    46  ed from possessing a firearm or other weapon due to such conviction; and
    47    1. he or she purchases a firearm or other weapon, on behalf of, or for
    48  the use of such other person; or
    49    2. he or she disposes of a firearm  or  other  weapon  to  such  other
    50  person.
    51    Criminal possession of a weapon by a domestic violence offender in the
    52  second degree is a class E felony.
    53    § 2. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.