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.