S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          252
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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 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    2  REPEALED.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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02246-01-3
       S. 252                              2
    1  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    2  national guard of the state of New York, no such age  restriction  shall
    3  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    4  anywhere of a felony or a serious offense; (d) who has stated whether he
    5  or  she  has  ever  suffered  any mental illness or been confined to any
    6  hospital or institution, public or private, for mental illness; (e)  who
    7  has  not had a license revoked or who is not under a suspension or inel-
    8  igibility  order  issued  pursuant  to  the  provisions  of  SUBDIVISION
    9  ELEVEN-A  OF  THIS SECTION, section 530.14 of the criminal procedure law
   10  or section eight hundred forty-two-a of the family court act; (f) in the
   11  county of Westchester, who has successfully completed a firearms  safety
   12  course  and  test  as evidenced by a certificate of completion issued in
   13  his or her name and endorsed and affirmed under the penalties of perjury
   14  by a duly authorized instructor, except that: (i) persons who are honor-
   15  ably discharged from the United States army, navy, marine corps or coast
   16  guard, or of the national guard of the state of New  York,  and  produce
   17  evidence  of  official  qualification  in  firearms  during  the term of
   18  service are not required to have completed those  hours  of  a  firearms
   19  safety  course pertaining to the safe use, carrying, possession, mainte-
   20  nance and storage of a firearm; and (ii) persons who  were  licensed  to
   21  possess  a  pistol or revolver prior to the effective date of this para-
   22  graph are not required to have completed a firearms  safety  course  and
   23  test; and (g) concerning whom no good cause exists for the denial of the
   24  license. No person shall engage in the business of gunsmith or dealer in
   25  firearms  unless  licensed  pursuant  to  this  section. An applicant to
   26  engage in such business shall also be a citizen of  the  United  States,
   27  more  than  twenty-one  years of age and maintain a place of business in
   28  the city or county where the license is issued. For  such  business,  if
   29  the applicant is a firm or partnership, each member thereof shall comply
   30  with  all  of  the requirements set forth in this subdivision and if the
   31  applicant is a corporation, each officer thereof shall so comply.
   32    S 4. Subdivision 11 of section 400.00 of the penal law, as amended  by
   33  chapter 210 of the laws of 1999, is amended to read as follows:
   34    11.  License:  revocation and suspension. The conviction of a licensee
   35  anywhere of a felony or serious offense shall operate as a revocation of
   36  the license. A license may be revoked or suspended as  provided  for  in
   37  section  530.14  of  the criminal procedure law or section eight hundred
   38  forty-two-a of the family court act. Except for a license issued  pursu-
   39  ant  to  section  400.01  of  this article, a license may be revoked and
   40  cancelled at any time in the city of New York, and in  the  counties  of
   41  Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
   42  city of New York by any judge or justice of a court of record; a license
   43  issued pursuant to section 400.01 of this article  may  be  revoked  and
   44  cancelled  at  any time by the licensing officer or any judge or justice
   45  of a court of record. The official revoking a license shall give written
   46  notice thereof without unnecessary delay to  the  executive  department,
   47  division  of state police, Albany, and shall also notify immediately the
   48  duly constituted police authorities of the locality.   FOR  PURPOSES  OF
   49  THIS  SUBDIVISION,  THE TERM "SERIOUS OFFENSE" SHALL INCLUDE, BUT NOT BE
   50  LIMITED TO, A SECOND VIOLATION OF SUBDIVISION ELEVEN-A OF  THIS  SECTION
   51  WITHIN TEN YEARS OF A PRIOR VIOLATION OF SUCH SUBDIVISION.
   52    S 5. Section 400.00 of the penal law is amended by adding a new subdi-
   53  vision 11-a to read as follows:
   54    11-A.  LICENSE; SUSPENSION FOR POSSESSION WHILE UNDER THE INFLUENCE OF
   55  ALCOHOL OR A CONTROLLED SUBSTANCE. (A) NO  LICENSEE  SHALL  POSSESS  ANY
   56  LOADED  FIREARM,  AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION 265.00 OF
       S. 252                              3
    1  THIS CHAPTER, ON HIS OR HER PERSON IN A PUBLIC PLACE WHILE SUCH LICENSEE
    2  IS EITHER UNDER THE INFLUENCE OF ALCOHOL OR UNDER  THE  INFLUENCE  OF  A
    3  CONTROLLED  SUBSTANCE,  AS  DEFINED IN SECTIONS THIRTY-THREE HUNDRED TWO
    4  AND  THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.  FOR PURPOSES OF
    5  THIS SUBDIVISION, A PERSON IS CONSIDERED TO BE UNDER  THE  INFLUENCE  OF
    6  ALCOHOL  OR  UNDER  THE  INFLUENCE  OF A CONTROLLED SUBSTANCE WHERE SUCH
    7  PERSON HAS VOLUNTARILY CONSUMED ALCOHOL OR VOLUNTARILY USED ONE OR  MORE
    8  CONTROLLED SUBSTANCES, OR BOTH, TO THE EXTENT THAT HIS OR HER ABILITY TO
    9  SAFELY HANDLE OR USE A LOADED FIREARM HAS BEEN SIGNIFICANTLY DIMINISHED.
   10  FOR  PURPOSES  OF  THIS  SUBDIVISION, "PUBLIC PLACE" SHALL HAVE THE SAME
   11  MEANING AS IN  SUBDIVISION  ONE  OF  SECTION  240.00  OF  THIS  CHAPTER,
   12  PROVIDED  HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC PLACE"
   13  SHALL ALSO INCLUDE THE INTERIOR OF A MOTOR VEHICLE.   AS  USED  IN  THIS
   14  SUBDIVISION,  "ON  HIS  OR  HER PERSON" SHALL HAVE ITS ORDINARY MEANING,
   15  PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS SUBDIVISION, A PERSON SHALL
   16  ALSO BE DEEMED TO POSSESS A FIREARM "ON  HIS  OR  HER  PERSON"  WHERE  A
   17  FIREARM  LICENSED TO SUCH PERSON IS FOUND IN A MOTOR VEHICLE AT THE SAME
   18  TIME SUCH PERSON IS AN OCCUPANT OF SUCH VEHICLE.
   19    (B) THE LICENSE TO CARRY OR POSSESS A FIREARM OF  ANY  PERSON  WHO  IS
   20  CHARGED  WITH  A  VIOLATION OF ANY OF THE PROVISIONS OF PARAGRAPH (A) OF
   21  THIS SUBDIVISION OR WHO REFUSES TO SUBMIT TO A CHEMICAL TEST OF  HIS  OR
   22  HER  BREATH,  BLOOD,  URINE OR SALIVA FOR THE PURPOSE OF DETERMINING THE
   23  ALCOHOLIC AND/OR DRUG CONTENT OF  HIS  OR  HER  BLOOD  SHALL  BE  DEEMED
   24  SUSPENDED,  WITH RESPECT TO THE FIREARM OR FIREARMS FORMING THE BASIS OF
   25  SUCH CHARGE OR REFUSAL, PENDING A HEARING HELD PURSUANT TO THIS SUBDIVI-
   26  SION  AND  SUCH  FIREARM  OR  FIREARMS,  TOGETHER  WITH  ANY  AMMUNITION
   27  POSSESSED THEREWITH, SHALL BE CONFISCATED AND HELD BY THE POLICE PENDING
   28  SUCH HEARING.
   29    (C)  (I)  ANY PERSON WHO HOLDS A LICENSE TO CARRY OR POSSESS A FIREARM
   30  IN THIS STATE SHALL BE DEEMED TO HAVE GIVEN HIS  OR  HER  CONSENT  TO  A
   31  CHEMICAL  TEST  OF  HIS  OR  HER  BREATH, BLOOD, URINE OR SALIVA FOR THE
   32  PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT OF HIS  OR  HER
   33  BLOOD;  PROVIDED,  THAT SUCH TEST IS ADMINISTERED BY OR AT THE DIRECTION
   34  OF A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST OF BREATH, URINE  OR
   35  SALIVA OR, WITH RESPECT TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF
   36  A  POLICE  OFFICER  HAVING  REASONABLE  GROUNDS  TO  BELIEVE SUCH PERSON
   37  POSSESSES A FIREARM IN VIOLATION OF THIS SUBDIVISION.
   38    (II) IF SUCH LICENSEE, HAVING BEEN REQUESTED TO SUBMIT TO SUCH  CHEMI-
   39  CAL  TEST  AND  HAVING BEEN INFORMED THAT HIS OR HER LICENSE TO CARRY OR
   40  POSSESS A FIREARM SHALL BE SUSPENDED FOR A REFUSAL  TO  SUBMIT  TO  SUCH
   41  CHEMICAL  TEST,  REFUSES  TO SUBMIT TO SUCH TEST OR IS ADMINISTERED SUCH
   42  TEST, A WRITTEN REPORT OF SUCH REFUSAL OR TEST  RESULT  SHALL  BE  IMME-
   43  DIATELY  MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL OR TEST WAS
   44  MADE. SUCH REPORT MAY BE VERIFIED BY HAVING  THE  REPORT  SWORN  TO,  OR
   45  AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
   46  ARE  PUNISHABLE  AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION 210.45 OF
   47  THIS CHAPTER, AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE
   48  DEPONENT SHALL CONSTITUTE A VERIFICATION OF THE REPORT.  THE  REPORT  OF
   49  THE  POLICE OFFICER SHALL STATE THAT HE OR SHE HAD REASONABLE GROUNDS TO
   50  BELIEVE SUCH LICENSEE TO HAVE BEEN IN VIOLATION OF THIS SUBDIVISION AND,
   51  IF APPROPRIATE, THAT SAID PERSON HAD REFUSED TO SUBMIT TO SUCH  CHEMICAL
   52  TEST.  COPIES OF SUCH REPORT SHALL BE FORWARDED BY THE POLICE OFFICER TO
   53  THE LICENSING OFFICER WITHIN FORTY-EIGHT HOURS.
   54    (D) (I) ANY LICENSEE WHOSE LICENSE TO CARRY OR POSSESS A  FIREARM  HAS
   55  BEEN  DEEMED  SUSPENDED  PURSUANT  TO  THE TERMS OF THIS SUBDIVISION, IS
   56  ENTITLED TO A HEARING BY THE LICENSING OFFICER, NO LATER THAN SEVEN DAYS
       S. 252                              4
    1  AFTER THE DATE ON WHICH HE OR SHE ALLEGEDLY VIOLATED  THIS  SUBDIVISION.
    2  SUCH  HEARING  SHALL  BE  CONDUCTED BY THE LICENSING OFFICER, OR IF SUCH
    3  POSSESSION ALLEGEDLY OCCURRED IN THE CITY OF NEW  YORK,  BY  THE  POLICE
    4  COMMISSIONER OF SUCH CITY. IF THE LICENSING OFFICER FAILS TO PROVIDE FOR
    5  SUCH  HEARING  WITHIN  THE  TIME  PRESCRIBED HEREIN, THE LICENSE OF SUCH
    6  PERSON SHALL BE REINSTATED PENDING A HEARING PURSUANT TO  THIS  SUBDIVI-
    7  SION  AND  ANY  LAWFULLY  POSSESSED  FIREARM  AND AMMUNITION CONFISCATED
    8  PURSUANT TO PARAGRAPH (B)  OF  THIS  SUBDIVISION  SHALL  BE  IMMEDIATELY
    9  RETURNED  TO  THE LICENSEE.   THE BURDEN OF PROOF AT A HEARING CONDUCTED
   10  PURSUANT TO THIS SUBDIVISION SHALL BE ON THE POLICE OFFICER TO PROVE THE
   11  ISSUES BY A PREPONDERANCE OF THE EVIDENCE.  THE HEARING SHALL BE LIMITED
   12  TO THE FOLLOWING ISSUES: (1) DID THE PERSON POSSESS A LOADED FIREARM  ON
   13  HIS OR HER PERSON IN A PUBLIC PLACE WHILE UNDER THE INFLUENCE OF ALCOHOL
   14  OR  DRUGS  IN  VIOLATION  OF THIS SUBDIVISION AND DID THE POLICE OFFICER
   15  HAVE REASONABLE GROUNDS FOR BELIEVING SUCH VIOLATION HAD  OCCURRED;  AND
   16  (2)  IF SUSPENSION IS BASED UPON A REFUSAL TO SUBMIT TO A CHEMICAL TEST,
   17  DID THE POLICE OFFICER HAVE REASONABLE GROUNDS FOR BELIEVING THE  LICEN-
   18  SEE  POSSESSED  A  FIREARM  IN  VIOLATION  OF THIS SUBDIVISION, WAS SUCH
   19  PERSON GIVEN SUFFICIENT WARNING,  IN  CLEAR  AND  UNEQUIVOCAL  LANGUAGE,
   20  PRIOR  TO SUCH REFUSAL THAT SUCH REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST
   21  WOULD RESULT IN THE SUSPENSION OF HIS OR HER LICENSE WHETHER OR  NOT  HE
   22  OR  SHE  IS  FOUND  GUILTY  OF  THE CHARGE AND DID SUCH PERSON REFUSE TO
   23  SUBMIT TO SUCH CHEMICAL TEST.   IF, AFTER SUCH  HEARING,  THE  LICENSING
   24  OFFICER  FINDS  ON  BOTH OF SAID ISSUES IN THE NEGATIVE, HE OR SHE SHALL
   25  IMMEDIATELY REINSTATE SUCH LICENSE SUBJECT TO ANY EXISTING  RESTRICTION,
   26  REVOCATION,  OR  SUSPENSION  OF  SUCH LICENSE AND ANY LAWFULLY POSSESSED
   27  FIREARM AND AMMUNITION CONFISCATED PURSUANT TO  PARAGRAPH  (B)  OF  THIS
   28  SUBDIVISION  SHALL  BE  IMMEDIATELY RETURNED TO THE LICENSEE.  IF, AFTER
   29  SUCH HEARING, THE LICENSING OFFICER FINDS EITHER OF THE  ISSUES  IN  THE
   30  AFFIRMATIVE,  HE  OR  SHE  SHALL  IMMEDIATELY SUSPEND THE LICENSE.   THE
   31  FIREARM LICENSE SHALL BE SUSPENDED FOR A PERIOD OF ONE YEAR. THE LICENS-
   32  ING OFFICER, UPON SUSPENDING A LICENSE, SHALL INSTRUCT THE  PERSON  THAT
   33  ALL  OUTSTANDING  FIREARMS HELD PURSUANT TO SUCH LICENSE, AND ANY AMEND-
   34  MENTS THERETO, SHALL BE SURRENDERED TO THE DULY ENTITLED POLICE AUTHORI-
   35  TIES WITHIN TWENTY-FOUR HOURS OF THE CONCLUSION  OF  SUCH  HEARING.  THE
   36  LICENSING  OFFICER  SHALL  INSTRUCT SUCH PERSON THAT ALL WEAPONS SURREN-
   37  DERED PURSUANT TO THIS PARAGRAPH AND PARAGRAPH (B) OF  THIS  SUBDIVISION
   38  SHALL BE RETURNED TO SUCH PERSON UPON THE REINSTATEMENT OF SUCH LICENSE.
   39  ANY PERSON MAY WAIVE HIS OR HER RIGHT TO A HEARING UNDER THIS PARAGRAPH.
   40  FAILURE  BY SUCH PERSON TO APPEAR FOR HIS OR HER SCHEDULED HEARING SHALL
   41  CONSTITUTE A WAIVER OF SUCH HEARING, PROVIDED, HOWEVER, THAT SUCH PERSON
   42  MAY PETITION THE LICENSING OFFICER FOR A NEW HEARING WHICH, IF  GRANTED,
   43  SHALL BE HELD AS SOON AS PRACTICABLE.
   44    (II)  EVIDENCE  OF  A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST SHALL BE
   45  ADMISSIBLE IN ANY HEARING HELD PURSUANT TO THE PROVISIONS OF THIS SUBDI-
   46  VISION BUT ONLY UPON SHOWING THAT THE PERSON WAS GIVEN SUFFICIENT  WARN-
   47  ING, IN CLEAR AND UNEQUIVOCAL LANGUAGE, OF THE EFFECT OF SUCH REFUSAL.
   48    (III)  UPON  THE  REQUEST OF THE PERSON WHO WAS TESTED, THE RESULTS OF
   49  SUCH TEST SHALL BE MADE AVAILABLE TO HIM OR HER.
   50    (IV) THE CHEMICAL TEST PROVIDED FOR IN SUBPARAGRAPH (I)  OF  PARAGRAPH
   51  (C)  OF  THIS  SUBDIVISION  SHALL  BE  CONDUCTED  IN  THE SAME MANNER AS
   52  PROVIDED IN SUBDIVISION FOUR OF SECTION ELEVEN  HUNDRED  NINETY-FOUR  OF
   53  THE VEHICLE AND TRAFFIC LAW.
   54    (V)  ANY  PERSON  WHOSE  LICENSE  IS SUSPENDED FOR A VIOLATION OF THIS
   55  SUBDIVISION SHALL, AS A CONDITION FOR  REINSTATEMENT  OF  SUCH  LICENSE,
   56  SUCCESSFULLY  COMPLETE  THE  ALCOHOL  AND  DRUG  REHABILITATION  PROGRAM
       S. 252                              5
    1  PROVIDED FOR IN SECTION EIGHT HUNDRED THIRTY-SEVEN-S  OF  THE  EXECUTIVE
    2  LAW.  THE  LICENSING  OFFICER SHALL NOT REINSTATE SUCH LICENSE UNTIL THE
    3  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES CERTIFIES SUCH
    4  PERSON  HAS  SUCCESSFULLY  COMPLETED THE ALCOHOL AND DRUG REHABILITATION
    5  PROGRAM.
    6    (VI) DURING THE PERIOD OF SUSPENSION PROVIDED FOR  IN  THIS  PARAGRAPH
    7  SUCH  PERSON  SHALL  NOT  BE  PERMITTED  TO APPLY FOR ANY LICENSE, OR AN
    8  AMENDMENT TO AN EXISTING LICENSE, PROVIDED FOR IN THIS SECTION.
    9    (E) THE LICENSING OFFICER SUSPENDING  A  LICENSE  SHALL  GIVE  WRITTEN
   10  NOTICE  THEREOF, WITHOUT UNNECESSARY DELAY, TO THE EXECUTIVE DEPARTMENT,
   11  DIVISION OF STATE POLICE, ALBANY, AND SHALL ALSO NOTIFY IMMEDIATELY  THE
   12  DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY.
   13    (F) IN ANY HEARING PURSUANT TO THIS SUBDIVISION, THE LICENSING OFFICER
   14  SHALL  ADMIT  EVIDENCE OF THE AMOUNT OF ALCOHOL OR DRUGS IN THE PERSON'S
   15  BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT TO THE PROVISIONS OF THIS
   16  SUBDIVISION.
   17     THE FOLLOWING EFFECT SHALL BE  GIVEN  TO  EVIDENCE  OF  BLOOD-ALCOHOL
   18  CONTENT,  AS  DETERMINED  BY  SUCH  TESTS,  OF  A  PERSON CHARGED WITH A
   19  VIOLATION OF THIS SUBDIVISION:
   20    (I) EVIDENCE THAT THERE WAS LESS THAN .10 OF ONE PER CENTUM BY  WEIGHT
   21  OF  ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT
   22  SUCH PERSON WAS NOT UNDER THE INFLUENCE OF ALCOHOL;
   23    (II) EVIDENCE THAT THERE WAS .10 OF ONE PER CENTUM OR MORE  BY  WEIGHT
   24  OF  ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT
   25  SUCH PERSON WAS UNDER THE INFLUENCE OF ALCOHOL.
   26    (G) EXCEPT AS HEREIN  SPECIFICALLY  PROVIDED,  THE  HEARING  CONDUCTED
   27  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE  DEEMED TO BE AN ADJUDICATORY
   28  PROCEEDING SUBJECT TO THE PROVISIONS  OF  ARTICLE  THREE  OF  THE  STATE
   29  ADMINISTRATIVE PROCEDURE ACT.
   30    (H)  ANY PERSON AGGRIEVED BY A DECISION AFTER THE HEARING PROVIDED FOR
   31  IN THIS SUBDIVISION MAY APPEAL SUCH DECISION PURSUANT TO THE  PROVISIONS
   32  OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   33    (I)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO
   34  PERSON SHALL BE ARRESTED SOLELY FOR AN ALLEGED VIOLATION OF THIS  SUBDI-
   35  VISION.  HOWEVER, A PERSON FOR WHOM A CHEMICAL TEST IS AUTHORIZED PURSU-
   36  ANT TO THIS SUBDIVISION MAY BE TEMPORARILY DETAINED BY THE POLICE SOLELY
   37  FOR THE PURPOSE OF REQUESTING OR ADMINISTERING SUCH CHEMICAL TEST  WHEN-
   38  EVER  ARREST  WITHOUT WARRANT FOR A PETTY OFFENSE WOULD BE AUTHORIZED IN
   39  ACCORDANCE WITH THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL  PROCE-
   40  DURE LAW.
   41    (J)  NOTHING  CONTAINED  IN THIS SUBDIVISION SHALL BE DEEMED TO IN ANY
   42  WAY REDUCE OR LIMIT THE EXISTING AUTHORITY OF  A  LICENSING  OFFICER  TO
   43  REVOKE  OR  SUSPEND  A  LICENSE ISSUED PURSUANT TO THIS SECTION. NOTHING
   44  CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT, REDUCE OR IN ANY
   45  WAY EFFECT THE CRIMINAL LIABILITY OF A LICENSEE FOR ANY FIREARM OR OTHER
   46  OFFENSE DEFINED IN THIS CHAPTER OR ANY OTHER PROVISION OF LAW.
   47    S 6. Subdivision 15 of section 400.00 of the penal law is  amended  to
   48  read as follows:
   49    15.  Any  violation  by  any  person of any provision of this section,
   50  OTHER THAN A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION ELEVEN-A OF  THIS
   51  SECTION, is a class A misdemeanor.
   52    S  7.  The  executive  law is amended by adding a new section 837-s to
   53  read as follows:
   54    S 837-S. ALCOHOL AND DRUG REHABILITATION PROGRAM.  1.  PROGRAM  ESTAB-
   55  LISHMENT. THERE IS HEREBY ESTABLISHED AN ALCOHOL AND DRUG REHABILITATION
   56  PROGRAM WITHIN THE DIVISION.  THE COMMISSIONER SHALL ESTABLISH, BY REGU-
       S. 252                              6
    1  LATION,  THE  INSTRUCTIONAL  AND  REHABILITATIVE ASPECTS OF THE PROGRAM.
    2  SUCH PROGRAM SHALL CONSIST OF AT LEAST FIFTEEN AND NOT MORE THAN  THIRTY
    3  HOURS  AND INCLUDE, BUT NEED NOT BE LIMITED TO, CLASSROOM INSTRUCTION IN
    4  AREAS DEEMED SUITABLE BY THE COMMISSIONER.
    5    2.  CURRICULUM.  THE  FORM,  CONTENT AND METHOD OF PRESENTATION OF THE
    6  VARIOUS ASPECTS OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE  COMMISSION-
    7  ER.  IN  THE  DEVELOPMENT  OF  THE  FORM, CURRICULUM AND CONTENT OF SUCH
    8  PROGRAM, THE COMMISSIONER MAY CONSULT WITH THE  COMMISSIONER  OF  MENTAL
    9  HEALTH, THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   10  SERVICES  AND  ANY  OTHER  STATE  DEPARTMENT  OR  AGENCY AND REQUEST AND
   11  RECEIVE ASSISTANCE FROM THEM. THE COMMISSIONER  IS  ALSO  AUTHORIZED  TO
   12  DEVELOP  MORE THAN ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN
   13  ORDER TO MEET THE VARYING REHABILITATIVE NEEDS OF THE PARTICIPANTS.
   14    3. WHERE AVAILABLE. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN  AT
   15  LEAST  EVERY  COUNTY  IN THE STATE, EXCEPT WHERE THE COMMISSIONER DETER-
   16  MINES THAT THERE IS NOT A SUFFICIENT NUMBER OF ALCOHOL  OR  DRUG-RELATED
   17  OFFENSES  IN  A  COUNTY TO MANDATE THE ESTABLISHMENT OF SAID COURSE, AND
   18  THAT PROVISIONS BE MADE FOR THE RESIDENTS OF SAID  COUNTY  TO  ATTEND  A
   19  COURSE IN ANOTHER COUNTY WHERE A COURSE EXISTS.
   20    4. ELIGIBILITY. PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO THOSE
   21  PERSONS  HAVING  VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ELEVEN-A OF
   22  SECTION 400.00 OF THE PENAL LAW.
   23    5. EFFECT OF COMPLETION.  UPON SUCCESSFUL COMPLETION OF  A  COURSE  IN
   24  SUCH  PROGRAM AS CERTIFIED BY ITS ADMINISTRATOR, THE COMMISSIONER SHALL,
   25  ON A FORM PROVIDED FOR SUCH PURPOSE, NOTIFY  THE  APPROPRIATE  LICENSING
   26  OFFICER  HAVING  ISSUED  THE  ORDER  OF  SUSPENSION  OF  SUCH LICENSEE'S
   27  SUCCESSFUL COMPLETION OF THE COURSE PROVIDED FOR IN THIS SECTION.
   28    6. FEES. THE COMMISSIONER SHALL ESTABLISH A SCHEDULE  OF  FEES  TO  BE
   29  PAID  BY  OR ON BEHALF OF EACH PARTICIPANT IN THE PROGRAM, AND MAY, FROM
   30  TIME TO TIME, MODIFY SAME.  SUCH FEES SHALL DEFRAY THE ONGOING  EXPENSES
   31  OF  THE  PROGRAM,  PROVIDED, HOWEVER, THAT PURSUANT TO AN AGREEMENT WITH
   32  THE DIVISION A MUNICIPALITY, DEPARTMENT THEREOF,  OR  OTHER  AGENCY  MAY
   33  CONDUCT A COURSE IN SUCH PROGRAM WITH ALL OR PART OF THE EXPENSE OF SUCH
   34  COURSE AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY, DEPARTMENT OR AGEN-
   35  CY.  IN NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER FOR REASONS OF THE
   36  PARTICIPANT'S WITHDRAWAL OR EXPULSION FROM SUCH PROGRAM OR OTHERWISE.
   37    S 8. The closing paragraph of section 265.13  of  the  penal  law,  as
   38  amended  by  chapter  764  of  the  laws  of 2005, is amended to read as
   39  follows:
   40    Criminal sale of a firearm in the first degree is a class [B] A  felo-
   41  ny.
   42    S  9.  The  closing  paragraph  of section 265.12 of the penal law, as
   43  amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
   44  follows:
   45    Criminal sale of a firearm in the second degree is a class [C] B felo-
   46  ny.
   47    S  10.    Paragraph (a) of subdivision 1 of section 70.02 of the penal
   48  law, as amended by chapter 320 of the laws of 2006, is amended  to  read
   49  as follows:
   50    (a)  Class  B  violent felony offenses: an attempt to commit the class
   51  A-I felonies of murder in  the  second  degree  as  defined  in  section
   52  125.25, kidnapping in the first degree as defined in section 135.25, and
   53  arson  in the first degree as defined in section 150.20; manslaughter in
   54  the first degree as defined in section 125.20,  aggravated  manslaughter
   55  in  the  first  degree  as  defined in section 125.22, rape in the first
   56  degree as defined in section 130.35, criminal sexual act  in  the  first
       S. 252                              7
    1  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    2  first degree as defined in section  130.70,  course  of  sexual  conduct
    3  against  a  child  in  the  first  degree  as defined in section 130.75;
    4  assault  in the first degree as defined in section 120.10, kidnapping in
    5  the second degree as defined in section 135.20, burglary  in  the  first
    6  degree  as  defined  in  section  140.30,  arson in the second degree as
    7  defined in section 150.15, robbery in the first  degree  as  defined  in
    8  section 160.15, incest in the first degree as defined in section 255.27,
    9  criminal  possession  of  a  weapon  in  the  first degree as defined in
   10  section 265.04, criminal use of a firearm in the first degree as defined
   11  in section 265.09, criminal sale of a  firearm  in  the  [first]  SECOND
   12  degree as defined in section [265.13] 265.12, CRIMINAL SALE OF A FIREARM
   13  WITH THE AID OF A MINOR AS DEFINED IN SECTION 265.14, aggravated assault
   14  upon  a  police officer or a peace officer as defined in section 120.11,
   15  gang assault in the first degree as defined in  section  120.07,  intim-
   16  idating  a  victim  or witness in the first degree as defined in section
   17  215.17, hindering prosecution  of  terrorism  in  the  first  degree  as
   18  defined  in  section 490.35, criminal possession of a chemical weapon or
   19  biological weapon in the second degree as defined in section 490.40, and
   20  criminal use of a chemical weapon or  biological  weapon  in  the  third
   21  degree as defined in section 490.47.
   22    S  11.  The  closing  paragraph of section 265.11 of the penal law, as
   23  amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
   24  follows:
   25    Criminal  sale of a firearm in the third degree is a class [D] C felo-
   26  ny.
   27    S 12. Paragraph (b) of subdivision 1 of section  70.02  of  the  penal
   28  law,  as  amended by chapter 148 of the laws of 2011, is amended to read
   29  as follows:
   30    (b) Class C violent felony offenses: an attempt to commit any  of  the
   31  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
   32  vated criminally negligent homicide as defined in section 125.11, aggra-
   33  vated manslaughter in the second degree as defined  in  section  125.21,
   34  aggravated  sexual  abuse  in  the  second  degree as defined in section
   35  130.67, assault on a peace officer, police officer, fireman or emergency
   36  medical services professional as defined in section 120.08, assault on a
   37  judge as defined in section 120.09, gang assault in the second degree as
   38  defined in section 120.06, strangulation in the first degree as  defined
   39  in  section  121.13, burglary in the second degree as defined in section
   40  140.25, robbery in the second degree as defined in section 160.10, crim-
   41  inal possession of a weapon in the second degree as defined  in  section
   42  265.03,  criminal  use  of  a firearm in the second degree as defined in
   43  section 265.08, criminal sale of a firearm in the [second] THIRD  degree
   44  as  defined in section [265.12] 265.11, [criminal sale of a firearm with
   45  the aid of a minor as defined in section  265.14]  CRIMINAL  SALE  OF  A
   46  FIREARM TO A MINOR AS DEFINED IN SECTION 265.16, soliciting or providing
   47  support  for  an  act  of  terrorism  in  the first degree as defined in
   48  section 490.15, hindering prosecution of terrorism in the second  degree
   49  as  defined  in  section  490.30,  and criminal possession of a chemical
   50  weapon or biological weapon in the third degree as  defined  in  section
   51  490.37.
   52    S  13.  The  closing  paragraph of section 265.16 of the penal law, as
   53  amended by chapter 654 of the laws  of  1998,  is  amended  to  read  as
   54  follows:
   55    Criminal sale of a firearm to a minor is a class [C] B felony.
       S. 252                              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.