S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1810--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed  to  be  committed  to  the  Committee  on  Codes -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the penal law, in relation to the prohibition of illegal
         gun trafficking, criminal possession of a weapon by a minor and crimi-
         nal use of a weapon 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    S  2.  The penal law is amended by adding a new section 265.50 to read
    4  as follows:
    5  S 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    S  3.  The  penal law is amended by adding two new sections 265.18 and
   16  265.18-a to read as follows:
   17  S 265.18 CRIMINAL POSSESSION OF A WEAPON BY A MINOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02242-02-3
       S. 1810--A                          2
    1    1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON  BY  A  MINOR
    2  WHEN,  BEING  UNDER  EIGHTEEN  YEARS  OF  AGE,  HE  OR SHE POSSESSES ANY
    3  FIREARM, RIFLE OR SHOTGUN.
    4    2.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
    5  POSSESSES A RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING  LICENSE  OR
    6  PERMIT  ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
    7  TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE.
    8    CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY.
    9  S 265.18-A CRIMINAL USE OF A WEAPON BY A MINOR.
   10    A PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN,  BEING
   11  UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A
   12  FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME.
   13    CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY.
   14    S  4. Subdivisions 4 and 5 of section 60.05 of the penal law, subdivi-
   15  sion 4 as amended by chapter 738 of the laws of 2004, subdivision  5  as
   16  amended  by  chapter  405  of  the  laws of 2010, are amended to read as
   17  follows:
   18    4. Certain class C felonies. Except as provided in subdivision six  OF
   19  THIS SECTION, every person convicted of a class C violent felony offense
   20  as  defined  in  subdivision one of section 70.02 of this title, must be
   21  sentenced to imprisonment in  accordance  with  section  70.02  of  this
   22  title; and, except as provided in subdivision six of this section, every
   23  person  convicted  of  the class C felonies of: attempt to commit any of
   24  the class B felonies of bribery  in  the  first  degree  as  defined  in
   25  section  200.04,  bribe  receiving  in  the  first  degree as defined in
   26  section 200.12, conspiracy in the second degree as  defined  in  section
   27  105.15  and  criminal mischief in the first degree as defined in section
   28  145.12; criminal usury in the first degree as defined in section 190.42,
   29  rewarding official misconduct in the first degree as defined in  section
   30  200.22,  receiving reward for official misconduct in the first degree as
   31  defined in section 200.27, attempt to promote prostitution in the  first
   32  degree as defined in ARTICLE ONE HUNDRED TEN AND section 230.32, promot-
   33  ing  prostitution  in  the  second  degree as defined in section 230.30,
   34  CRIMINAL USE OF A WEAPON BY A MINOR  AS  DEFINED  IN  SECTION  265.18-A,
   35  arson  in the third degree as defined in section 150.10 of this chapter,
   36  must be sentenced to imprisonment in accordance with  section  70.00  of
   37  this title.
   38    5.  Certain class D felonies. Except as provided in subdivision six of
   39  this section, every person convicted of the class D felonies of  assault
   40  in  the second degree as defined in section 120.05, strangulation in the
   41  second degree as defined in section 121.12,  CRIMINAL  POSSESSION  OF  A
   42  WEAPON  BY  A  MINOR AS DEFINED IN SECTION 265.18 or attempt to commit a
   43  class C felony as defined in section 230.30 of  this  chapter,  must  be
   44  sentenced in accordance with section 70.00 or 85.00 of this title.
   45    S  5.  The penal law is amended by adding a new section 265.27 to read
   46  as follows:
   47  S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED.
   48    AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST
   49  OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE
   50  WHERE SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF  SUCH
   51  LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT.
   52    AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR.
   53    S 6. Paragraph d of subdivision 6 of section 661 of the education law,
   54  as  added  by  chapter  83  of  the  laws of 1995, is amended to read as
   55  follows:
       S. 1810--A                          3
    1    d. No student who is incarcerated in any federal, state or other penal
    2  institution shall be eligible for any general  or  academic  performance
    3  award  made pursuant to this article.  NO STUDENT WHO HAS BEEN CONVICTED
    4  OF ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY  ON
    5  PROBATION  OR  PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO APPLY FOR
    6  OR RECEIVE ANY GENERAL OR ACADEMIC PERFORMANCE AWARD  MADE  PURSUANT  TO
    7  THIS   ARTICLE  UNTIL  SUCH  STUDENT  IS  SUCCESSFULLY  DISCHARGED  FROM
    8  PROBATION OR PAROLE WHEREUPON SUCH STUDENT SHALL BE  ELIGIBLE  TO  APPLY
    9  FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER.
   10    S  7.  Paragraph c of subdivision 1 of section 80.00 of the penal law,
   11  as amended by chapter 338 of the laws of 1989, is  amended  to  read  as
   12  follows:
   13    c.  if the conviction is for any felony defined in article two hundred
   14  twenty [or], two hundred twenty-one OR SECTION 265.50 of  this  chapter,
   15  according to the following schedule:
   16    (i) for A-I felonies, one hundred thousand dollars;
   17    (ii) for A-II felonies, fifty thousand dollars;
   18    (iii) for B felonies, thirty thousand dollars;
   19    (iv) for C felonies, fifteen thousand dollars.
   20  When  imposing  a fine pursuant to the provisions of this paragraph, the
   21  court shall consider the profit gained by defendant's  conduct,  whether
   22  the  amount  of  the  fine  is  disproportionate to the conduct in which
   23  defendant engaged, its impact on any victims, and  defendant's  economic
   24  circumstances,  including  the defendant's ability to pay, the effect of
   25  the fine upon his or her immediate family or any other persons  to  whom
   26  the defendant owes an obligation of support.
   27    S 8. This act shall take effect immediately, provided that:
   28    a.  sections  two, three and five of this act shall take effect on the
   29  first of November next succeeding the date on which it shall have become
   30  a law;
   31    b. sections four and seven of this act shall take effect  on  the  one
   32  hundred twentieth day after it shall have become a law; and
   33    c.  section  six  of  this  act  shall apply to tuition awards for the
   34  2013-2014 academic year and all subsequent academic years.