STATE OF NEW YORK
        ________________________________________________________________________
                                          9167
                    IN SENATE
                                   September 17, 2018
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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
    23    2. knowing that he or she is  prohibited  by  law  from  possessing  a
    24  firearm  or other weapon, such person possesses a firearm or other weap-
    25  on; or
    26    (b) Knowing that it would be unlawful for another person to possess  a
    27  firearm  or  other  weapon  due  to a conviction of assault in the third
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16513-01-8

        S. 9167                             2
     1  degree, menacing in the third degree, menacing  in  the  second  degree,
     2  criminal  obstruction of breathing or blood circulation, unlawful impri-
     3  sonment in the second degree, coercion in  the  third  degree,  criminal
     4  contempt in the second degree, harassment in the first degree, or aggra-
     5  vated  harassment  in  the second degree, criminal trespass in the third
     6  degree, criminal trespass in the  second  degree,  arson  in  the  fifth
     7  degree,  or  attempt to commit any of the above-listed offenses, and the
     8  defendant and victim have been determined, pursuant to section 370.15 of
     9  the criminal procedure law, to be members of the same family  or  house-
    10  hold  as  defined  in  subdivision one of section 530.11 of the criminal
    11  procedure law, and such person has been deemed prohibited from  possess-
    12  ing a firearm or other weapon due to such conviction; and
    13    1. he or she purchases a firearm or other weapon, on behalf of, or for
    14  the use of such other person; or
    15    2.  he  or  she  disposes  of  a firearm or other weapon to such other
    16  person.
    17    Criminal possession of a weapon by a domestic violence offender in the
    18  first degree is a class D felony.
    19  § 265.18-a Criminal possession of a weapon by a domestic violence offen-
    20              der in the second degree.
    21    A person is guilty of criminal possession of a weapon  by  a  domestic
    22  violence offender in the second degree when:
    23    (a)  Such person has been convicted of criminal tampering in the third
    24  degree and the defendant and victim have been  determined,  pursuant  to
    25  section  370.15 of the criminal procedure law, to be members of the same
    26  family or household as defined in subdivision one of section  530.11  of
    27  the  criminal  procedure law, and such person has been deemed prohibited
    28  from possessing a firearm or other weapon due to such conviction; and
    29    1. knowing that he or she is  prohibited  by  law  from  possessing  a
    30  firearm or other weapon, such person purchases a firearm or other weapon
    31  from another person; or
    32    2.  knowing  that  he  or  she  is prohibited by law from possessing a
    33  firearm or other weapon, such person possesses a firearm or other  weap-
    34  on; or
    35    (b)  Knowing that it would be unlawful for another person to possess a
    36  firearm or other weapon due to a conviction of criminal tampering in the
    37  third degree and the defendant and victim have been determined, pursuant
    38  to section 370.15 of the criminal procedure law, to be  members  of  the
    39  same family or household as defined in subdivision one of section 530.11
    40  of the criminal procedure law, and such person has been deemed prohibit-
    41  ed from possessing a firearm or other weapon due to such conviction; and
    42    1. he or she purchases a firearm or other weapon, on behalf of, or for
    43  the use of such other person; or
    44    2.  he  or  she  disposes  of  a firearm or other weapon to such other
    45  person.
    46    Criminal possession of a weapon by a domestic violence offender in the
    47  second degree is a class E felony.
    48    § 2. This act shall take effect on the one hundred eightieth day after
    49  it shall have become a law.