S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3899
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred 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    2  REPEALED.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 8 of section 265.02 of the penal law, as  amended  by
    4  chapter  764  of the laws of 2005, is amended and two new subdivisions 9
    5  and 10 are added to read as follows:
    6    (8)  Such  person  possesses  a  large  capacity  ammunition   feeding
    7  device[.]; OR
    8    (9)  SUCH  PERSON KNOWINGLY POSSESSES A BULLET CONTAINING AN EXPLOSIVE
    9  SUBSTANCE DESIGNED TO DETONATE UPON IMPACT; OR
   10    (10) SUCH PERSON POSSESSES ANY ARMOR PIERCING AMMUNITION  WITH  INTENT
   11  TO USE THE SAME UNLAWFULLY AGAINST ANOTHER.
   12    S  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
   13  chapter 189 of the laws of 2000, is amended to read as follows:
   14    1. Eligibility. No license shall be issued or renewed pursuant to this
   15  section except by the licensing officer, and then  only  after  investi-
   16  gation  and  finding  that  all statements in a proper application for a
   17  license are true. No license shall be issued or renewed  except  for  an
   18  applicant  (a) twenty-one years of age or older, provided, however, that
   19  where such applicant has  been  honorably  discharged  from  the  United
   20  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02246-01-3
       A. 3899                             2
    1  national guard of the state of New York, no such age  restriction  shall
    2  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    3  anywhere of a felony or a serious offense; (d) who has stated whether he
    4  or  she  has  ever  suffered  any mental illness or been confined to any
    5  hospital or institution, public or private, for mental illness; (e)  who
    6  has  not had a license revoked or who is not under a suspension or inel-
    7  igibility  order  issued  pursuant  to  the  provisions  of  SUBDIVISION
    8  ELEVEN-A  OF  THIS SECTION, section 530.14 of the criminal procedure law
    9  or section eight hundred forty-two-a of the family court act; (f) in the
   10  county of Westchester, who has successfully completed a firearms  safety
   11  course  and  test  as evidenced by a certificate of completion issued in
   12  his or her name and endorsed and affirmed under the penalties of perjury
   13  by a duly authorized instructor, except that: (i) persons who are honor-
   14  ably discharged from the United States army, navy, marine corps or coast
   15  guard, or of the national guard of the state of New  York,  and  produce
   16  evidence  of  official  qualification  in  firearms  during  the term of
   17  service are not required to have completed those  hours  of  a  firearms
   18  safety  course pertaining to the safe use, carrying, possession, mainte-
   19  nance and storage of a firearm; and (ii) persons who  were  licensed  to
   20  possess  a  pistol or revolver prior to the effective date of this para-
   21  graph are not required to have completed a firearms  safety  course  and
   22  test; and (g) concerning whom no good cause exists for the denial of the
   23  license. No person shall engage in the business of gunsmith or dealer in
   24  firearms  unless  licensed  pursuant  to  this  section. An applicant to
   25  engage in such business shall also be a citizen of  the  United  States,
   26  more  than  twenty-one  years of age and maintain a place of business in
   27  the city or county where the license is issued. For  such  business,  if
   28  the applicant is a firm or partnership, each member thereof shall comply
   29  with  all  of  the requirements set forth in this subdivision and if the
   30  applicant is a corporation, each officer thereof shall so comply.
   31    S 4. Subdivision 11 of section 400.00 of the penal law, as amended  by
   32  chapter 210 of the laws of 1999, is amended to read as follows:
   33    11.  License:  revocation and suspension. The conviction of a licensee
   34  anywhere of a felony or serious offense shall operate as a revocation of
   35  the license. A license may be revoked or suspended as  provided  for  in
   36  section  530.14  of  the criminal procedure law or section eight hundred
   37  forty-two-a of the family court act. Except for a license issued  pursu-
   38  ant  to  section  400.01  of  this article, a license may be revoked and
   39  cancelled at any time in the city of New York, and in  the  counties  of
   40  Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
   41  city of New York by any judge or justice of a court of record; a license
   42  issued pursuant to section 400.01 of this article  may  be  revoked  and
   43  cancelled  at  any time by the licensing officer or any judge or justice
   44  of a court of record. The official revoking a license shall give written
   45  notice thereof without unnecessary delay to  the  executive  department,
   46  division  of state police, Albany, and shall also notify immediately the
   47  duly constituted police authorities of the locality.   FOR  PURPOSES  OF
   48  THIS  SUBDIVISION,  THE TERM "SERIOUS OFFENSE" SHALL INCLUDE, BUT NOT BE
   49  LIMITED TO, A SECOND VIOLATION OF SUBDIVISION ELEVEN-A OF  THIS  SECTION
   50  WITHIN TEN YEARS OF A PRIOR VIOLATION OF SUCH SUBDIVISION.
   51    S 5. Section 400.00 of the penal law is amended by adding a new subdi-
   52  vision 11-a to read as follows:
   53    11-A.  LICENSE; SUSPENSION FOR POSSESSION WHILE UNDER THE INFLUENCE OF
   54  ALCOHOL OR A CONTROLLED SUBSTANCE. (A) NO  LICENSEE  SHALL  POSSESS  ANY
   55  LOADED  FIREARM,  AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION 265.00 OF
   56  THIS CHAPTER, ON HIS OR HER PERSON IN A PUBLIC PLACE WHILE SUCH LICENSEE
       A. 3899                             3
    1  IS EITHER UNDER THE INFLUENCE OF ALCOHOL OR UNDER  THE  INFLUENCE  OF  A
    2  CONTROLLED  SUBSTANCE,  AS  DEFINED IN SECTIONS THIRTY-THREE HUNDRED TWO
    3  AND THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.  FOR PURPOSES  OF
    4  THIS  SUBDIVISION,  A  PERSON IS CONSIDERED TO BE UNDER THE INFLUENCE OF
    5  ALCOHOL OR UNDER THE INFLUENCE OF  A  CONTROLLED  SUBSTANCE  WHERE  SUCH
    6  PERSON  HAS VOLUNTARILY CONSUMED ALCOHOL OR VOLUNTARILY USED ONE OR MORE
    7  CONTROLLED SUBSTANCES, OR BOTH, TO THE EXTENT THAT HIS OR HER ABILITY TO
    8  SAFELY HANDLE OR USE A LOADED FIREARM HAS BEEN SIGNIFICANTLY DIMINISHED.
    9  FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC PLACE"  SHALL  HAVE  THE  SAME
   10  MEANING  AS  IN  SUBDIVISION  ONE  OF  SECTION  240.00  OF THIS CHAPTER,
   11  PROVIDED HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC  PLACE"
   12  SHALL  ALSO  INCLUDE  THE  INTERIOR OF A MOTOR VEHICLE.  AS USED IN THIS
   13  SUBDIVISION, "ON HIS OR HER PERSON" SHALL  HAVE  ITS  ORDINARY  MEANING,
   14  PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, A PERSON SHALL
   15  ALSO  BE  DEEMED  TO  POSSESS  A  FIREARM "ON HIS OR HER PERSON" WHERE A
   16  FIREARM LICENSED TO SUCH PERSON IS FOUND IN A MOTOR VEHICLE AT THE  SAME
   17  TIME SUCH PERSON IS AN OCCUPANT OF SUCH VEHICLE.
   18    (B)  THE  LICENSE  TO  CARRY OR POSSESS A FIREARM OF ANY PERSON WHO IS
   19  CHARGED WITH A VIOLATION OF ANY OF THE PROVISIONS OF  PARAGRAPH  (A)  OF
   20  THIS  SUBDIVISION  OR WHO REFUSES TO SUBMIT TO A CHEMICAL TEST OF HIS OR
   21  HER BREATH, BLOOD, URINE OR SALIVA FOR THE PURPOSE  OF  DETERMINING  THE
   22  ALCOHOLIC  AND/OR  DRUG  CONTENT  OF  HIS  OR  HER BLOOD SHALL BE DEEMED
   23  SUSPENDED, WITH RESPECT TO THE FIREARM OR FIREARMS FORMING THE BASIS  OF
   24  SUCH CHARGE OR REFUSAL, PENDING A HEARING HELD PURSUANT TO THIS SUBDIVI-
   25  SION  AND  SUCH  FIREARM  OR  FIREARMS,  TOGETHER  WITH  ANY  AMMUNITION
   26  POSSESSED THEREWITH, SHALL BE CONFISCATED AND HELD BY THE POLICE PENDING
   27  SUCH HEARING.
   28    (C) (I) ANY PERSON WHO HOLDS A LICENSE TO CARRY OR POSSESS  A  FIREARM
   29  IN  THIS  STATE  SHALL  BE  DEEMED TO HAVE GIVEN HIS OR HER CONSENT TO A
   30  CHEMICAL TEST OF HIS OR HER BREATH,  BLOOD,  URINE  OR  SALIVA  FOR  THE
   31  PURPOSE  OF  DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT OF HIS OR HER
   32  BLOOD; PROVIDED, THAT SUCH TEST IS ADMINISTERED BY OR AT  THE  DIRECTION
   33  OF  A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST OF BREATH, URINE OR
   34  SALIVA OR, WITH RESPECT TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF
   35  A POLICE OFFICER  HAVING  REASONABLE  GROUNDS  TO  BELIEVE  SUCH  PERSON
   36  POSSESSES A FIREARM IN VIOLATION OF THIS SUBDIVISION.
   37    (II)  IF SUCH LICENSEE, HAVING BEEN REQUESTED TO SUBMIT TO SUCH CHEMI-
   38  CAL TEST AND HAVING BEEN INFORMED THAT HIS OR HER LICENSE  TO  CARRY  OR
   39  POSSESS  A  FIREARM  SHALL  BE SUSPENDED FOR A REFUSAL TO SUBMIT TO SUCH
   40  CHEMICAL TEST, REFUSES TO SUBMIT TO SUCH TEST OR  IS  ADMINISTERED  SUCH
   41  TEST,  A  WRITTEN  REPORT  OF SUCH REFUSAL OR TEST RESULT SHALL BE IMME-
   42  DIATELY MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL OR TEST  WAS
   43  MADE.  SUCH  REPORT  MAY  BE  VERIFIED BY HAVING THE REPORT SWORN TO, OR
   44  AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
   45  ARE PUNISHABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION  210.45  OF
   46  THIS CHAPTER, AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE
   47  DEPONENT  SHALL  CONSTITUTE  A VERIFICATION OF THE REPORT. THE REPORT OF
   48  THE POLICE OFFICER SHALL STATE THAT HE OR SHE HAD REASONABLE GROUNDS  TO
   49  BELIEVE SUCH LICENSEE TO HAVE BEEN IN VIOLATION OF THIS SUBDIVISION AND,
   50  IF  APPROPRIATE, THAT SAID PERSON HAD REFUSED TO SUBMIT TO SUCH CHEMICAL
   51  TEST. COPIES OF SUCH REPORT SHALL BE FORWARDED BY THE POLICE OFFICER  TO
   52  THE LICENSING OFFICER WITHIN FORTY-EIGHT HOURS.
   53    (D)  (I)  ANY LICENSEE WHOSE LICENSE TO CARRY OR POSSESS A FIREARM HAS
   54  BEEN DEEMED SUSPENDED PURSUANT TO THE  TERMS  OF  THIS  SUBDIVISION,  IS
   55  ENTITLED TO A HEARING BY THE LICENSING OFFICER, NO LATER THAN SEVEN DAYS
   56  AFTER  THE  DATE ON WHICH HE OR SHE ALLEGEDLY VIOLATED THIS SUBDIVISION.
       A. 3899                             4
    1  SUCH HEARING SHALL BE CONDUCTED BY THE LICENSING  OFFICER,  OR  IF  SUCH
    2  POSSESSION  ALLEGEDLY  OCCURRED  IN  THE CITY OF NEW YORK, BY THE POLICE
    3  COMMISSIONER OF SUCH CITY. IF THE LICENSING OFFICER FAILS TO PROVIDE FOR
    4  SUCH  HEARING  WITHIN  THE  TIME  PRESCRIBED HEREIN, THE LICENSE OF SUCH
    5  PERSON SHALL BE REINSTATED PENDING A HEARING PURSUANT TO  THIS  SUBDIVI-
    6  SION  AND  ANY  LAWFULLY  POSSESSED  FIREARM  AND AMMUNITION CONFISCATED
    7  PURSUANT TO PARAGRAPH (B)  OF  THIS  SUBDIVISION  SHALL  BE  IMMEDIATELY
    8  RETURNED  TO  THE LICENSEE.   THE BURDEN OF PROOF AT A HEARING CONDUCTED
    9  PURSUANT TO THIS SUBDIVISION SHALL BE ON THE POLICE OFFICER TO PROVE THE
   10  ISSUES BY A PREPONDERANCE OF THE EVIDENCE.  THE HEARING SHALL BE LIMITED
   11  TO THE FOLLOWING ISSUES: (1) DID THE PERSON POSSESS A LOADED FIREARM  ON
   12  HIS OR HER PERSON IN A PUBLIC PLACE WHILE UNDER THE INFLUENCE OF ALCOHOL
   13  OR  DRUGS  IN  VIOLATION  OF THIS SUBDIVISION AND DID THE POLICE OFFICER
   14  HAVE REASONABLE GROUNDS FOR BELIEVING SUCH VIOLATION HAD  OCCURRED;  AND
   15  (2)  IF SUSPENSION IS BASED UPON A REFUSAL TO SUBMIT TO A CHEMICAL TEST,
   16  DID THE POLICE OFFICER HAVE REASONABLE GROUNDS FOR BELIEVING THE  LICEN-
   17  SEE  POSSESSED  A  FIREARM  IN  VIOLATION  OF THIS SUBDIVISION, WAS SUCH
   18  PERSON GIVEN SUFFICIENT WARNING,  IN  CLEAR  AND  UNEQUIVOCAL  LANGUAGE,
   19  PRIOR  TO SUCH REFUSAL THAT SUCH REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST
   20  WOULD RESULT IN THE SUSPENSION OF HIS OR HER LICENSE WHETHER OR  NOT  HE
   21  OR  SHE  IS  FOUND  GUILTY  OF  THE CHARGE AND DID SUCH PERSON REFUSE TO
   22  SUBMIT TO SUCH CHEMICAL TEST.   IF, AFTER SUCH  HEARING,  THE  LICENSING
   23  OFFICER  FINDS  ON  BOTH OF SAID ISSUES IN THE NEGATIVE, HE OR SHE SHALL
   24  IMMEDIATELY REINSTATE SUCH LICENSE SUBJECT TO ANY EXISTING  RESTRICTION,
   25  REVOCATION,  OR  SUSPENSION  OF  SUCH LICENSE AND ANY LAWFULLY POSSESSED
   26  FIREARM AND AMMUNITION CONFISCATED PURSUANT TO  PARAGRAPH  (B)  OF  THIS
   27  SUBDIVISION  SHALL  BE  IMMEDIATELY RETURNED TO THE LICENSEE.  IF, AFTER
   28  SUCH HEARING, THE LICENSING OFFICER FINDS EITHER OF THE  ISSUES  IN  THE
   29  AFFIRMATIVE,  HE  OR  SHE  SHALL  IMMEDIATELY SUSPEND THE LICENSE.   THE
   30  FIREARM LICENSE SHALL BE SUSPENDED FOR A PERIOD OF ONE YEAR. THE LICENS-
   31  ING OFFICER, UPON SUSPENDING A LICENSE, SHALL INSTRUCT THE  PERSON  THAT
   32  ALL  OUTSTANDING  FIREARMS HELD PURSUANT TO SUCH LICENSE, AND ANY AMEND-
   33  MENTS THERETO, SHALL BE SURRENDERED TO THE DULY ENTITLED POLICE AUTHORI-
   34  TIES WITHIN TWENTY-FOUR HOURS OF THE CONCLUSION  OF  SUCH  HEARING.  THE
   35  LICENSING  OFFICER  SHALL  INSTRUCT SUCH PERSON THAT ALL WEAPONS SURREN-
   36  DERED PURSUANT TO THIS PARAGRAPH AND PARAGRAPH (B) OF  THIS  SUBDIVISION
   37  SHALL BE RETURNED TO SUCH PERSON UPON THE REINSTATEMENT OF SUCH LICENSE.
   38  ANY PERSON MAY WAIVE HIS OR HER RIGHT TO A HEARING UNDER THIS PARAGRAPH.
   39  FAILURE  BY SUCH PERSON TO APPEAR FOR HIS OR HER SCHEDULED HEARING SHALL
   40  CONSTITUTE A WAIVER OF SUCH HEARING, PROVIDED, HOWEVER, THAT SUCH PERSON
   41  MAY PETITION THE LICENSING OFFICER FOR A NEW HEARING WHICH, IF  GRANTED,
   42  SHALL BE HELD AS SOON AS PRACTICABLE.
   43    (II)  EVIDENCE  OF  A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST SHALL BE
   44  ADMISSIBLE IN ANY HEARING HELD PURSUANT TO THE PROVISIONS OF THIS SUBDI-
   45  VISION BUT ONLY UPON SHOWING THAT THE PERSON WAS GIVEN SUFFICIENT  WARN-
   46  ING, IN CLEAR AND UNEQUIVOCAL LANGUAGE, OF THE EFFECT OF SUCH REFUSAL.
   47    (III)  UPON  THE  REQUEST OF THE PERSON WHO WAS TESTED, THE RESULTS OF
   48  SUCH TEST SHALL BE MADE AVAILABLE TO HIM OR HER.
   49    (IV) THE CHEMICAL TEST PROVIDED FOR IN SUBPARAGRAPH (I)  OF  PARAGRAPH
   50  (C)  OF  THIS  SUBDIVISION  SHALL  BE  CONDUCTED  IN  THE SAME MANNER AS
   51  PROVIDED IN SUBDIVISION FOUR OF SECTION ELEVEN  HUNDRED  NINETY-FOUR  OF
   52  THE VEHICLE AND TRAFFIC LAW.
   53    (V)  ANY  PERSON  WHOSE  LICENSE  IS SUSPENDED FOR A VIOLATION OF THIS
   54  SUBDIVISION SHALL, AS A CONDITION FOR  REINSTATEMENT  OF  SUCH  LICENSE,
   55  SUCCESSFULLY  COMPLETE  THE  ALCOHOL  AND  DRUG  REHABILITATION  PROGRAM
   56  PROVIDED FOR IN SECTION EIGHT HUNDRED THIRTY-SEVEN-S  OF  THE  EXECUTIVE
       A. 3899                             5
    1  LAW.  THE  LICENSING  OFFICER SHALL NOT REINSTATE SUCH LICENSE UNTIL THE
    2  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES CERTIFIES SUCH
    3  PERSON HAS SUCCESSFULLY COMPLETED THE ALCOHOL  AND  DRUG  REHABILITATION
    4  PROGRAM.
    5    (VI)  DURING  THE  PERIOD OF SUSPENSION PROVIDED FOR IN THIS PARAGRAPH
    6  SUCH PERSON SHALL NOT BE PERMITTED TO  APPLY  FOR  ANY  LICENSE,  OR  AN
    7  AMENDMENT TO AN EXISTING LICENSE, PROVIDED FOR IN THIS SECTION.
    8    (E)  THE  LICENSING  OFFICER  SUSPENDING  A LICENSE SHALL GIVE WRITTEN
    9  NOTICE THEREOF, WITHOUT UNNECESSARY DELAY, TO THE EXECUTIVE  DEPARTMENT,
   10  DIVISION  OF STATE POLICE, ALBANY, AND SHALL ALSO NOTIFY IMMEDIATELY THE
   11  DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY.
   12    (F) IN ANY HEARING PURSUANT TO THIS SUBDIVISION, THE LICENSING OFFICER
   13  SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR DRUGS IN  THE  PERSON'S
   14  BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT TO THE PROVISIONS OF THIS
   15  SUBDIVISION.
   16     THE  FOLLOWING  EFFECT  SHALL  BE  GIVEN TO EVIDENCE OF BLOOD-ALCOHOL
   17  CONTENT, AS DETERMINED BY  SUCH  TESTS,  OF  A  PERSON  CHARGED  WITH  A
   18  VIOLATION OF THIS SUBDIVISION:
   19    (I)  EVIDENCE THAT THERE WAS LESS THAN .10 OF ONE PER CENTUM BY WEIGHT
   20  OF ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE  PRIMA  FACIE  EVIDENCE  THAT
   21  SUCH PERSON WAS NOT UNDER THE INFLUENCE OF ALCOHOL;
   22    (II)  EVIDENCE  THAT THERE WAS .10 OF ONE PER CENTUM OR MORE BY WEIGHT
   23  OF ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE  PRIMA  FACIE  EVIDENCE  THAT
   24  SUCH PERSON WAS UNDER THE INFLUENCE OF ALCOHOL.
   25    (G)  EXCEPT  AS  HEREIN  SPECIFICALLY  PROVIDED, THE HEARING CONDUCTED
   26  PURSUANT TO THIS SUBDIVISION SHALL  BE  DEEMED  TO  BE  AN  ADJUDICATORY
   27  PROCEEDING  SUBJECT  TO  THE  PROVISIONS  OF  ARTICLE THREE OF THE STATE
   28  ADMINISTRATIVE PROCEDURE ACT.
   29    (H) ANY PERSON AGGRIEVED BY A DECISION AFTER THE HEARING PROVIDED  FOR
   30  IN  THIS SUBDIVISION MAY APPEAL SUCH DECISION PURSUANT TO THE PROVISIONS
   31  OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   32    (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
   33  PERSON  SHALL BE ARRESTED SOLELY FOR AN ALLEGED VIOLATION OF THIS SUBDI-
   34  VISION. HOWEVER, A PERSON FOR WHOM A CHEMICAL TEST IS AUTHORIZED  PURSU-
   35  ANT TO THIS SUBDIVISION MAY BE TEMPORARILY DETAINED BY THE POLICE SOLELY
   36  FOR  THE PURPOSE OF REQUESTING OR ADMINISTERING SUCH CHEMICAL TEST WHEN-
   37  EVER ARREST WITHOUT WARRANT FOR A PETTY OFFENSE WOULD BE  AUTHORIZED  IN
   38  ACCORDANCE  WITH THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL PROCE-
   39  DURE LAW.
   40    (J) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED  TO  IN  ANY
   41  WAY  REDUCE  OR  LIMIT  THE EXISTING AUTHORITY OF A LICENSING OFFICER TO
   42  REVOKE OR SUSPEND A LICENSE ISSUED PURSUANT  TO  THIS  SECTION.  NOTHING
   43  CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT, REDUCE OR IN ANY
   44  WAY EFFECT THE CRIMINAL LIABILITY OF A LICENSEE FOR ANY FIREARM OR OTHER
   45  OFFENSE DEFINED IN THIS CHAPTER OR ANY OTHER PROVISION OF LAW.
   46    S  6.  Subdivision 15 of section 400.00 of the penal law is amended to
   47  read as follows:
   48    15. Any violation by any person of  any  provision  of  this  section,
   49  OTHER  THAN A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION ELEVEN-A OF THIS
   50  SECTION, is a class A misdemeanor.
   51    S 7. The executive law is amended by adding a  new  section  837-s  to
   52  read as follows:
   53    S  837-S.  ALCOHOL  AND DRUG REHABILITATION PROGRAM. 1. PROGRAM ESTAB-
   54  LISHMENT. THERE IS HEREBY ESTABLISHED AN ALCOHOL AND DRUG REHABILITATION
   55  PROGRAM WITHIN THE DIVISION.  THE COMMISSIONER SHALL ESTABLISH, BY REGU-
   56  LATION, THE INSTRUCTIONAL AND REHABILITATIVE  ASPECTS  OF  THE  PROGRAM.
       A. 3899                             6
    1  SUCH  PROGRAM SHALL CONSIST OF AT LEAST FIFTEEN AND NOT MORE THAN THIRTY
    2  HOURS AND INCLUDE, BUT NEED NOT BE LIMITED TO, CLASSROOM INSTRUCTION  IN
    3  AREAS DEEMED SUITABLE BY THE COMMISSIONER.
    4    2.  CURRICULUM.  THE  FORM,  CONTENT AND METHOD OF PRESENTATION OF THE
    5  VARIOUS ASPECTS OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE  COMMISSION-
    6  ER.  IN  THE  DEVELOPMENT  OF  THE  FORM, CURRICULUM AND CONTENT OF SUCH
    7  PROGRAM, THE COMMISSIONER MAY CONSULT WITH THE  COMMISSIONER  OF  MENTAL
    8  HEALTH, THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
    9  SERVICES  AND  ANY  OTHER  STATE  DEPARTMENT  OR  AGENCY AND REQUEST AND
   10  RECEIVE ASSISTANCE FROM THEM. THE COMMISSIONER  IS  ALSO  AUTHORIZED  TO
   11  DEVELOP  MORE THAN ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN
   12  ORDER TO MEET THE VARYING REHABILITATIVE NEEDS OF THE PARTICIPANTS.
   13    3. WHERE AVAILABLE. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN  AT
   14  LEAST  EVERY  COUNTY  IN THE STATE, EXCEPT WHERE THE COMMISSIONER DETER-
   15  MINES THAT THERE IS NOT A SUFFICIENT NUMBER OF ALCOHOL  OR  DRUG-RELATED
   16  OFFENSES  IN  A  COUNTY TO MANDATE THE ESTABLISHMENT OF SAID COURSE, AND
   17  THAT PROVISIONS BE MADE FOR THE RESIDENTS OF SAID  COUNTY  TO  ATTEND  A
   18  COURSE IN ANOTHER COUNTY WHERE A COURSE EXISTS.
   19    4. ELIGIBILITY. PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO THOSE
   20  PERSONS  HAVING  VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ELEVEN-A OF
   21  SECTION 400.00 OF THE PENAL LAW.
   22    5. EFFECT OF COMPLETION.  UPON SUCCESSFUL COMPLETION OF  A  COURSE  IN
   23  SUCH  PROGRAM AS CERTIFIED BY ITS ADMINISTRATOR, THE COMMISSIONER SHALL,
   24  ON A FORM PROVIDED FOR SUCH PURPOSE, NOTIFY  THE  APPROPRIATE  LICENSING
   25  OFFICER  HAVING  ISSUED  THE  ORDER  OF  SUSPENSION  OF  SUCH LICENSEE'S
   26  SUCCESSFUL COMPLETION OF THE COURSE PROVIDED FOR IN THIS SECTION.
   27    6. FEES. THE COMMISSIONER SHALL ESTABLISH A SCHEDULE  OF  FEES  TO  BE
   28  PAID  BY  OR ON BEHALF OF EACH PARTICIPANT IN THE PROGRAM, AND MAY, FROM
   29  TIME TO TIME, MODIFY SAME.  SUCH FEES SHALL DEFRAY THE ONGOING  EXPENSES
   30  OF  THE  PROGRAM,  PROVIDED, HOWEVER, THAT PURSUANT TO AN AGREEMENT WITH
   31  THE DIVISION A MUNICIPALITY, DEPARTMENT THEREOF,  OR  OTHER  AGENCY  MAY
   32  CONDUCT A COURSE IN SUCH PROGRAM WITH ALL OR PART OF THE EXPENSE OF SUCH
   33  COURSE AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY, DEPARTMENT OR AGEN-
   34  CY.  IN NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER FOR REASONS OF THE
   35  PARTICIPANT'S WITHDRAWAL OR EXPULSION FROM SUCH PROGRAM OR OTHERWISE.
   36    S 8. The closing paragraph of section 265.13  of  the  penal  law,  as
   37  amended  by  chapter  764  of  the  laws  of 2005, is amended to read as
   38  follows:
   39    Criminal sale of a firearm in the first degree is a class [B] A  felo-
   40  ny.
   41    S  9.  The  closing  paragraph  of section 265.12 of the penal law, as
   42  amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
   43  follows:
   44    Criminal sale of a firearm in the second degree is a class [C] B felo-
   45  ny.
   46    S  10.    Paragraph (a) of subdivision 1 of section 70.02 of the penal
   47  law, as amended by chapter 320 of the laws of 2006, is amended  to  read
   48  as follows:
   49    (a)  Class  B  violent felony offenses: an attempt to commit the class
   50  A-I felonies of murder in  the  second  degree  as  defined  in  section
   51  125.25, kidnapping in the first degree as defined in section 135.25, and
   52  arson  in the first degree as defined in section 150.20; manslaughter in
   53  the first degree as defined in section 125.20,  aggravated  manslaughter
   54  in  the  first  degree  as  defined in section 125.22, rape in the first
   55  degree as defined in section 130.35, criminal sexual act  in  the  first
   56  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
       A. 3899                             7
    1  first degree as defined in section  130.70,  course  of  sexual  conduct
    2  against  a  child  in  the  first  degree  as defined in section 130.75;
    3  assault in the first degree as defined in section 120.10, kidnapping  in
    4  the  second  degree  as defined in section 135.20, burglary in the first
    5  degree as defined in section 140.30,  arson  in  the  second  degree  as
    6  defined  in  section  150.15,  robbery in the first degree as defined in
    7  section 160.15, incest in the first degree as defined in section 255.27,
    8  criminal possession of a weapon  in  the  first  degree  as  defined  in
    9  section 265.04, criminal use of a firearm in the first degree as defined
   10  in  section  265.09,  criminal  sale  of a firearm in the [first] SECOND
   11  degree as defined in section [265.13] 265.12, CRIMINAL SALE OF A FIREARM
   12  WITH THE AID OF A MINOR AS DEFINED IN SECTION 265.14, aggravated assault
   13  upon a police officer or a peace officer as defined in  section  120.11,
   14  gang  assault  in  the first degree as defined in section 120.07, intim-
   15  idating a victim or witness in the first degree as  defined  in  section
   16  215.17,  hindering  prosecution  of  terrorism  in  the  first degree as
   17  defined in section 490.35, criminal possession of a chemical  weapon  or
   18  biological weapon in the second degree as defined in section 490.40, and
   19  criminal  use  of  a  chemical  weapon or biological weapon in the third
   20  degree as defined in section 490.47.
   21    S 11. The closing paragraph of section 265.11 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 third degree is a class [D] C  felo-
   25  ny.
   26    S  12.  Paragraph  (b)  of subdivision 1 of section 70.02 of the penal
   27  law, as amended by chapter 148 of the laws of 2011, is amended  to  read
   28  as follows:
   29    (b)  Class  C violent felony offenses: an attempt to commit any of the
   30  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   31  vated criminally negligent homicide as defined in section 125.11, aggra-
   32  vated  manslaughter  in  the second degree as defined in section 125.21,
   33  aggravated sexual abuse in the  second  degree  as  defined  in  section
   34  130.67, assault on a peace officer, police officer, fireman or emergency
   35  medical services professional as defined in section 120.08, assault on a
   36  judge as defined in section 120.09, gang assault in the second degree as
   37  defined  in section 120.06, strangulation in the first degree as defined
   38  in section 121.13, burglary in the second degree as defined  in  section
   39  140.25, robbery in the second degree as defined in section 160.10, crim-
   40  inal  possession  of a weapon in the second degree as defined in section
   41  265.03, criminal use of a firearm in the second  degree  as  defined  in
   42  section  265.08, criminal sale of a firearm in the [second] THIRD degree
   43  as defined in section [265.12] 265.11, [criminal sale of a firearm  with
   44  the  aid  of  a  minor  as defined in section 265.14] CRIMINAL SALE OF A
   45  FIREARM TO A MINOR AS DEFINED IN SECTION 265.16, soliciting or providing
   46  support for an act of terrorism  in  the  first  degree  as  defined  in
   47  section  490.15, hindering prosecution of terrorism in the second degree
   48  as defined in section 490.30, and  criminal  possession  of  a  chemical
   49  weapon  or  biological  weapon in the third degree as defined in section
   50  490.37.
   51    S 13. The closing paragraph of section 265.16 of  the  penal  law,  as
   52  amended  by  chapter  654  of  the  laws  of 1998, is amended to read as
   53  follows:
   54    Criminal sale of a firearm to a minor is a class [C] B felony.
       A. 3899                             8
    1    S 14. The closing paragraph of section 265.14 of  the  penal  law,  as
    2  amended  by  chapter  654  of  the  laws  of 1998, is amended to read as
    3  follows:
    4    Criminal  sale  of  a firearm with the aid of a minor is a class [C] B
    5  felony.
    6    S 15. Subparagraph (i) of paragraph (h) of subdivision  2  of  section
    7  1349 of the civil practice law and rules, as added by chapter 655 of the
    8  laws of 1990, is amended to read as follows:
    9    (i) [seventy-five] SIXTY-FIVE percent of such moneys shall be deposit-
   10  ed  to  a law enforcement purposes subaccount of the general fund of the
   11  state where the claiming agent is an agency of the state  or  the  poli-
   12  tical  subdivision  or public authority of which the claiming agent is a
   13  part, to be used for law enforcement use in the investigation  of  penal
   14  law  offenses;  AND TEN PERCENT OF SUCH MONIES SHALL BE ALLOCATED TO THE
   15  POLICE ATHLETIC LEAGUE OF THE POLITICAL SUBDIVISION OR PUBLIC  AUTHORITY
   16  OF WHICH THE CLAIMING AGENT IS A PART;
   17    S  16.    Paragraph (b) of subdivision 3 of section 70.02 of the penal
   18  law, as amended by chapter 765 of the laws of 2005, is amended  to  read
   19  as follows:
   20    (b) For a class C felony, the term must be at least three and one-half
   21  years  and  must  not  exceed fifteen years, provided, however, that the
   22  term must be: (i) at least seven years and must not exceed twenty  years
   23  where  the  sentence  is for the crime of aggravated manslaughter in the
   24  second degree as defined in section 125.21  of  this  chapter;  (ii)  at
   25  least seven years and must not exceed twenty years where the sentence is
   26  for  the  crime of attempted aggravated assault upon a police officer or
   27  peace officer as defined in section 120.11 of this chapter; [and]  (iii)
   28  at least three and one-half years and must not exceed twenty years where
   29  the  sentence  is for the crime of aggravated criminally negligent homi-
   30  cide as defined in section 125.11 of this chapter; AND (IV) AT LEAST TEN
   31  YEARS AND MUST NOT EXCEED TWENTY YEARS WHERE THE SENTENCE IS FOR A CRIME
   32  OF CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE  AS  DEFINED  IN
   33  SECTION 265.03 OF THIS CHAPTER;
   34    S  17.    This  act  shall  take  effect on the first of November next
   35  succeeding the date on which it shall have become a law.