S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3745
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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 illegal gun trafficking,
         criminal possession of a weapon by a minor and criminal use of a weap-
         on 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.
   18    1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON  BY  A  MINOR
   19  WHEN,  BEING  UNDER  EIGHTEEN  YEARS  OF  AGE,  HE  OR SHE POSSESSES ANY
   20  FIREARM, RIFLE OR SHOTGUN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08713-01-5
       S. 3745                             2
    1    2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  ANY  PERSON  WHO
    2  POSSESSES  A  RIFLE OR SHOTGUN AND IS THE HOLDER OF A HUNTING LICENSE OR
    3  PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL  CONSERVA-
    4  TION LAW AND USED IN ACCORDANCE WITH SUCH ARTICLE.
    5    CRIMINAL POSSESSION OF A WEAPON BY A MINOR IS A CLASS D FELONY.
    6  S 265.18-A CRIMINAL USE OF A WEAPON BY A MINOR.
    7    A  PERSON IS GUILTY OF CRIMINAL USE OF A WEAPON BY A MINOR WHEN, BEING
    8  UNDER EIGHTEEN YEARS OF AGE, HE OR SHE COMMITS ANY CRIME AND POSSESSES A
    9  FIREARM, RIFLE OR SHOTGUN WHILE IN THE COURSE OF COMMITTING SUCH CRIME.
   10    CRIMINAL USE OF A WEAPON BY A MINOR IS A CLASS C FELONY.
   11    S 4. Subdivisions 4 and 5 of section 60.05 of the penal law,  subdivi-
   12  sion  4  as amended by chapter 738 of the laws of 2004, subdivision 5 as
   13  amended by chapter 405 of the laws of  2010,  are  amended  to  read  as
   14  follows:
   15    4.  Certain class C felonies. Except as provided in subdivision six OF
   16  THIS SECTION, every person convicted of a class C violent felony offense
   17  as defined in subdivision one of section 70.02 of this  title,  must  be
   18  sentenced  to  imprisonment  in  accordance  with  section 70.02 of this
   19  title; and, except as provided in subdivision six of this section, every
   20  person convicted of the class C felonies of: attempt to  commit  any  of
   21  the  class  B  felonies  of  bribery  in  the first degree as defined in
   22  section 200.04, bribe receiving  in  the  first  degree  as  defined  in
   23  section  200.12,  conspiracy  in the second degree as defined in section
   24  105.15 and criminal mischief in the first degree as defined  in  section
   25  145.12; criminal usury in the first degree as defined in section 190.42,
   26  rewarding  official misconduct in the first degree as defined in section
   27  200.22, receiving reward for official misconduct in the first degree  as
   28  defined  in section 200.27, attempt to promote prostitution in the first
   29  degree as defined in ARTICLE ONE HUNDRED TEN AND section 230.32, promot-
   30  ing prostitution in the second degree  as  defined  in  section  230.30,
   31  CRIMINAL  USE  OF  A  WEAPON  BY A MINOR AS DEFINED IN SECTION 265.18-A,
   32  arson in the third degree as defined in section 150.10 of this  chapter,
   33  must  be  sentenced  to imprisonment in accordance with section 70.00 of
   34  this title.
   35    5. Certain class D felonies. Except as provided in subdivision six  of
   36  this  section, every person convicted of the class D felonies of assault
   37  in the second degree as defined in section 120.05, strangulation in  the
   38  second  degree  as  defined  in section 121.12, CRIMINAL POSSESSION OF A
   39  WEAPON BY A MINOR AS DEFINED IN SECTION 265.18 or attempt  to  commit  a
   40  class  C  felony  as  defined in section 230.30 of this chapter, must be
   41  sentenced in accordance with section 70.00 or 85.00 of this title.
   42    S 5. The penal law is amended by adding a new section 265.27  to  read
   43  as follows:
   44  S 265.27 LOST OR STOLEN FIREARM TO BE REPORTED.
   45    AN OWNER OF ONE OR MORE FIREARMS SHALL REPORT EACH INCIDENCE OF A LOST
   46  OR STOLEN FIREARM TO THE POLICE AUTHORITIES OF THE CITY, TOWN OR VILLAGE
   47  WHERE  SUCH PERSON REPORTING IS LOCATED WITHIN SEVENTY-TWO HOURS OF SUCH
   48  LOSS OR THEFT, OR DISCOVERY OF SUCH LOSS OR THEFT.
   49    AN INTENTIONAL FAILURE TO MAKE SUCH REPORT IS A CLASS A MISDEMEANOR.
   50    S 6. Paragraph d of subdivision 6 of section 661 of the education law,
   51  as added by chapter 83 of the laws  of  1995,  is  amended  to  read  as
   52  follows:
   53    d. No student who is incarcerated in any federal, state or other penal
   54  institution  shall  be  eligible for any general or academic performance
   55  award made pursuant to this article.  NO STUDENT WHO HAS BEEN  CONVICTED
   56  OF  ANY WEAPONS POSSESSION, TRANSPORT OR SALE CHARGE AND IS CURRENTLY ON
       S. 3745                             3
    1  PROBATION OR PAROLE FOR SUCH CONVICTION SHALL BE ELIGIBLE TO  APPLY  FOR
    2  OR  RECEIVE  ANY  GENERAL OR ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO
    3  THIS  ARTICLE  UNTIL  SUCH  STUDENT  IS  SUCCESSFULLY  DISCHARGED   FROM
    4  PROBATION  OR  PAROLE  WHEREUPON SUCH STUDENT SHALL BE ELIGIBLE TO APPLY
    5  FOR SUCH AWARDS FOR THE NEXT SUCCEEDING ACADEMIC SEMESTER.
    6    S 7. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
    7  as  amended  by  section  27 of subpart A of part H of chapter 55 of the
    8  laws of 2014, is amended to read as follows:
    9    c. if the conviction is for any felony defined in article two  hundred
   10  twenty  [or],  two hundred twenty-one OR SECTION 265.50 of this chapter,
   11  according to the following schedule:
   12    (i) for A-I felonies, one hundred thousand dollars;
   13    (ii) for A-II felonies, fifty thousand dollars;
   14    (iii) for B felonies, thirty thousand dollars;
   15    (iv) for C felonies, fifteen thousand dollars.
   16  When imposing a fine pursuant to the provisions of this  paragraph,  the
   17  court  shall  consider the profit gained by defendant's conduct, whether
   18  the amount of the fine is  disproportionate  to  the  conduct  in  which
   19  defendant  engaged,  its impact on any victims, and defendant's economic
   20  circumstances, including the defendant's ability to pay, the  effect  of
   21  the  fine  upon his or her immediate family or any other persons to whom
   22  the defendant owes an obligation of support.
   23    S 8. This act shall take effect immediately, provided that:
   24    a. sections two, three and five of this act shall take effect  on  the
   25  first of November next succeeding the date on which it shall have become
   26  a law;
   27    b.  sections  four  and seven of this act shall take effect on the one
   28  hundred twentieth day after it shall have become a law; and
   29    c. section six of this act shall  apply  to  tuition  awards  for  the
   30  2015-2016 academic year and all subsequent academic years.