STATE OF NEW YORK
        ________________________________________________________________________
                                          9145
                    IN SENATE
                                     August 1, 2018
                                       ___________
        Introduced by Sens. HOYLMAN, PARKER, KAMINSKY, KENNEDY -- 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 the manufacture, assembly,
          possession, license and disposal of ghost guns, the  establishment  of
          the offense of unlawful dissemination of instructions for the assembly
          of  a  weapon  and the sentencing for certain offenses regarding ghost
          guns; to amend the general business law, in relation to the suspension
          and revocation of certain licenses  or  registrations;  to  amend  the
          criminal  procedure law, in relation to adding the offense of unlawful
          dissemination of instructions for the assembly of a weapon to the list
          of designated offenses for the purpose of obtaining eavesdropping  and
          video  surveillance  warrants; and to amend the administrative code of
          the city of New York, in relation to including the offense of unlawful
          dissemination of instructions for the assembly  of  a  weapon  in  the
          definition of violent or serious crime
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 265.00 of the penal law is amended by  adding  four
     2  new subdivisions 26, 27, 28 and 29 to read as follows:
     3    26.  "Major component" means, in the case of a firearm, rifle or shot-
     4  gun the slide or cylinder, or the frame or receiver, and, in the case of
     5  a shotgun, the barrel.
     6    27. "Additive manufacturing" means a manufacturing  process  in  which
     7  material  is  added  in  order to produce the product, including but not
     8  limited to three-dimensional printing in which layers  of  material  are
     9  laid down in succession.
    10    28.  "Unfinished firearm frame or receiver" means a piece of any mate-
    11  rial that does not constitute the frame or receiver of a firearm,  rifle
    12  or shotgun but that has been shaped or formed in any way for the purpose
    13  of  becoming  the  frame or receiver of a firearm, rifle or shotgun. The
    14  term shall not include a piece of material that  has  had  its  size  or
    15  external  shape  altered  to facilitate transportation or storage or has
    16  had its chemical composition altered.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16438-01-8

        S. 9145                             2
     1    29. "Ghost gun" means a firearm, rifle or shotgun that is:
     2    (a) manufactured using additive manufacturing; or
     3    (b)  assembled  from a frame or receiver that was marketed and/or sold
     4  (either separately or as part of a kit) as an unfinished  firearm  frame
     5  or receiver that the recipient could use to assemble a firearm, rifle or
     6  shotgun.
     7    §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
     8  chapter 1 of the laws of 2013, is amended and two  new  subdivisions  11
     9  and 12 are added to read as follows:
    10    (10)  Such  person  possesses an unloaded firearm and also commits any
    11  violent felony offense as defined in subdivision one of section 70.02 of
    12  this chapter as part of the same criminal transaction[.]; or
    13    (11) Such person, if not a gunsmith or dealer duly  licensed  pursuant
    14  to  section  400.00  of this chapter, possesses a ghost gun that has not
    15  been registered with a licensing officer  and  engraved  or  permanently
    16  affixed  with  a serial number as provided in subdivision ten of section
    17  265.10 of this article; or
    18    (12) Such person possesses a firearm, rifle or shotgun manufactured or
    19  assembled as a ghost gun that does not comply  with  the  provisions  of
    20  subdivision nine of section 265.10 of this article.
    21    §  3.  Section  265.10 of the penal law is amended by adding three new
    22  subdivisions 8, 9 and 10 to read as follows:
    23    8. Any person, other than a gunsmith duly licensed pursuant to section
    24  400.00 of this chapter, who assembles, manufactures,  or  causes  to  be
    25  assembled  or  manufactured,  a firearm, rifle or shotgun is guilty of a
    26  class C felony.
    27    9. For all firearms, rifles and shotguns manufactured,  assembled,  or
    28  caused  to be manufactured or assembled, sold, exchanged, disposed of or
    29  possessed:   (a) each major component must  be  detectable  by  a  metal
    30  detector  calibrated  to  detect  3.7  ounces  of type 17-4 PH stainless
    31  steel; and (b)  each  major  component,  if  subject  to  the  types  of
    32  detection devices commonly used at airports for security screening, must
    33  generate  an  image  that adequately depicts the shape of the component.
    34  Any gunsmith who fails to comply with this subdivision shall  be  guilty
    35  of a class C felony.
    36    10.  All  ghost guns manufactured, assembled, or caused to be manufac-
    37  tured or assembled by a gunsmith shall be registered with the  licensing
    38  officer  in  the  city  or  county  where  the gunsmith is located. Such
    39  licensing officer, in consultation with the division  of  state  police,
    40  shall issue a unique serial number for each firearm, rifle or shotgun so
    41  registered.  For each such ghost gun, records reflecting the identity of
    42  the manufacturing or assembling gunsmith and the serial  number  of  the
    43  ghost gun shall be included in the statewide license and record database
    44  established  pursuant to section 400.02 of this chapter. The manufactur-
    45  ing or assembling gunsmith shall engrave or permanently affix the serial
    46  number to the firearm, rifle or  shotgun  in  a  manner  that  meets  or
    47  exceeds  the  requirements  imposed  on  licensed importers and licensed
    48  manufacturers of shotguns pursuant to subsection (i) of Section  923  of
    49  Title 18 of the United States Code and regulations issued pursuant ther-
    50  eto.  Any  gunsmith  who  fails to comply with this subdivision shall be
    51  guilty of a class C felony.
    52    § 4. Section 265.11 of the penal law, as amended by chapter 764 of the
    53  laws of 2005, is amended to read as follows:
    54  § 265.11 Criminal sale of a firearm in the third degree.
    55    A person is guilty of criminal sale of a firearm in the  third  degree
    56  when:

        S. 9145                             3
     1    (1) such person is not authorized pursuant to law to possess a firearm
     2  and such person unlawfully either:
     3    [(1)]  (a)  sells,  exchanges, gives or disposes of a firearm or large
     4  capacity ammunition feeding device to another person; or
     5    [(2)] (b) possesses a firearm with the intent to sell it[.];
     6    (2) such person is not a gunsmith or dealer duly licensed pursuant  to
     7  section  400.00  of this chapter and such person sells, exchanges, gives
     8  or disposes of a firearm, rifle or shotgun manufactured or assembled  as
     9  a  ghost gun, unless such sale, exchange, gift or disposal is in compli-
    10  ance with all requirements under state and federal law relating  to  the
    11  sale, exchange, gift or disposal of firearms, rifles and shotguns and:
    12    (a)  the recipient holds a federal firearms license issued pursuant to
    13  Section 923 of Title 18 of the United States Code;
    14    (b) the recipient is a peace officer, as described in section 2.10  of
    15  the criminal procedure law;
    16    (c)  the  recipient is a federal law enforcement officer, as described
    17  in section 2.15 of the criminal procedure law; or
    18    (d) the sale, exchange, gift, or disposal is  between  members  of  an
    19  immediate  family,  as  defined in section eight hundred ninety-eight of
    20  the general business law; or
    21    (3) such person sells, exchanges, gives or disposes of  an  unfinished
    22  firearm frame or receiver, unless:
    23    (a)  the  recipient  is  a  gunsmith duly licensed pursuant to section
    24  400.00 of this chapter;
    25    (b) the recipient is a peace officer, as described in section 2.10  of
    26  the criminal procedure law; or
    27    (c)  the  recipient is a federal law enforcement officer, as described
    28  in section 2.15 of the criminal procedure law.
    29    Criminal sale of a firearm in the third degree is a class D felony.
    30    § 5. Section 265.12 of the penal law, as amended by chapter 764 of the
    31  laws of 2005, is amended to read as follows:
    32  § 265.12 Criminal sale of a firearm in the second degree.
    33    A person is guilty of criminal sale of a firearm in the second  degree
    34  when such person:
    35    (1)  unlawfully sells, exchanges, gives or disposes of to another five
    36  or more firearms; [or]
    37    (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
    38  person  or  persons  a total of five or more firearms in a period of not
    39  more than one year[.];
    40    (3) being a gunsmith or  dealer  duly  licensed  pursuant  to  section
    41  400.00  of  this chapter, sells, exchanges, gives or disposes of a ghost
    42  gun that has not been registered with a licensing officer  and  engraved
    43  or  permanently  affixed with a serial number as provided in subdivision
    44  ten of section 265.10 of this article; or
    45    (4) being a gunsmith or  dealer  duly  licensed  pursuant  to  section
    46  400.00  of  this  chapter,  sells,  exchanges,  gives  or  disposes of a
    47  firearm, rifle or shotgun manufactured or assembled as a ghost gun  that
    48  does  not  comply  with  the  provisions  of  subdivision nine or ten of
    49  section 265.10 of this article.
    50    Criminal sale of a firearm in the second degree is a class C felony.
    51    § 6. The penal law is amended by adding a new section 265.38  to  read
    52  as follows:
    53  § 265.38 Unlawful  dissemination  of  instructions for the assembly of a
    54             weapon.
    55    It shall be unlawful for any person to intentionally publish, over the
    56  internet or by means of the world wide web, digital instructions in  the

        S. 9145                             4
     1  form of computer aided design files or other code that can automatically
     2  program  a  three-dimensional  printer  or  similar  device to produce a
     3  firearm, rifle or shotgun.
     4    Unlawful dissemination of instructions for the assembly of a weapon is
     5  a class D felony.
     6    §  7.  Paragraph  (c)  of subdivision 1, paragraph (b) and the opening
     7  paragraph of paragraph (c) of subdivision 2  of  section  70.02  of  the
     8  penal  law,  paragraph (c) of subdivision 1 as amended by chapter 368 of
     9  the laws of 2015, paragraph (b) of subdivision 2 as amended  by  section
    10  122  of  subpart  B of part C of chapter 62 of the laws of 2011, and the
    11  opening paragraph of paragraph (c) of subdivision 2 as amended by  chap-
    12  ter 1 of the laws of 2013, are amended to read as follows:
    13    (c)  Class  D violent felony offenses: an attempt to commit any of the
    14  class C felonies set forth in paragraph (b); reckless assault of a child
    15  as defined in section 120.02, assault in the second degree as defined in
    16  section 120.05, menacing a police officer or peace officer as defined in
    17  section 120.18, stalking in the first degree, as defined in  subdivision
    18  one  of section 120.60, strangulation in the second degree as defined in
    19  section 121.12, rape in the second degree as defined in section  130.30,
    20  criminal  sexual  act in the second degree as defined in section 130.45,
    21  sexual abuse in the first degree as defined in section 130.65, course of
    22  sexual conduct against a child  in  the  second  degree  as  defined  in
    23  section  130.80,  aggravated sexual abuse in the third degree as defined
    24  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    25  substance  as defined in section 130.90, labor trafficking as defined in
    26  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    27  possession  of  a  weapon  in the third degree as defined in subdivision
    28  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    29  a firearm in the third degree as defined  in  section  265.11,  unlawful
    30  dissemination of instructions for the assembly of a weapon as defined in
    31  section 265.38, intimidating a victim or witness in the second degree as
    32  defined in section 215.16, soliciting or providing support for an act of
    33  terrorism  in the second degree as defined in section 490.10, and making
    34  a terroristic threat as defined in section 490.20, falsely reporting  an
    35  incident  in  the  first  degree as defined in section 240.60, placing a
    36  false bomb or hazardous substance in the  first  degree  as  defined  in
    37  section  240.62, placing a false bomb or hazardous substance in a sports
    38  stadium or arena, mass transportation facility or enclosed shopping mall
    39  as defined in section 240.63, and aggravated unpermitted use  of  indoor
    40  pyrotechnics in the first degree as defined in section 405.18.
    41    (b)  Except as provided in paragraph (b-1) of this subdivision, subdi-
    42  vision six of section 60.05 and subdivision four of  this  section,  the
    43  sentence imposed upon a person who stands convicted of a class D violent
    44  felony offense, other than the offense of criminal possession of a weap-
    45  on in the third degree as defined in subdivision five, seven or eight of
    46  section  265.02  [or], criminal sale of a firearm in the third degree as
    47  defined in section 265.11 or unlawful dissemination of instructions  for
    48  the  assembly  of  a  weapon  as  defined  in section 265.38, must be in
    49  accordance with the applicable provisions of this  chapter  relating  to
    50  sentencing for class D felonies provided, however, that where a sentence
    51  of  imprisonment  is  imposed  which  requires a commitment to the state
    52  department of corrections and community supervision, such sentence shall
    53  be a determinate sentence in accordance with paragraph (c)  of  subdivi-
    54  sion three of this section.
    55    Except  as  provided in subdivision six of section 60.05, the sentence
    56  imposed upon a person who stands convicted of the class D violent felony

        S. 9145                             5
     1  offenses of criminal possession of a  weapon  in  the  third  degree  as
     2  defined  in  subdivision  five,  seven, eight or nine of section 265.02,
     3  criminal sale of a firearm in the third degree  as  defined  in  section
     4  265.11,  unlawful  dissemination  of  instructions for the assembly of a
     5  weapon as defined in section 265.38 or the class E violent  felonies  of
     6  attempted criminal possession of a weapon in the third degree as defined
     7  in  subdivision  five,  seven, eight or nine of section 265.02 must be a
     8  sentence to a determinate period of imprisonment, or,  in  the  alterna-
     9  tive,  a  definite sentence of imprisonment for a period of no less than
    10  one year, except that:
    11    § 8. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    12  law,  as  amended by chapter 368 of the laws of 2015, is amended to read
    13  as follows:
    14    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    15  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    16  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    17  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    18  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    19  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    20  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
    21  145.12 relating to criminal mischief; article one hundred fifty relating
    22  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
    23  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
    24  care fraud; article one hundred  sixty  relating  to  robbery;  sections
    25  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
    26  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    27  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    28  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    29  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    30  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    31  to criminal diversion of  prescription  medications  and  prescriptions;
    32  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    33  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    34  215.00, 215.05 and 215.19; sections 187.10, 187.15,  187.20  and  187.25
    35  relating  to  residential  mortgage  fraud,  sections  190.40 and 190.42
    36  relating to criminal  usury;  section  190.65  relating  to  schemes  to
    37  defraud; any felony defined in article four hundred ninety-six; sections
    38  205.60  and  205.65  relating to hindering prosecution; sections 210.10,
    39  210.15, and 215.51 relating to  perjury  and  contempt;  section  215.40
    40  relating  to  tampering with physical evidence; sections 220.06, 220.09,
    41  220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,  220.46,
    42  220.55,  220.60,  220.65  and  220.77 relating to controlled substances;
    43  sections 225.10  and  225.20  relating  to  gambling;  sections  230.25,
    44  230.30,  and  230.32  relating to promoting prostitution; section 230.34
    45  relating to sex trafficking; sections 235.06, 235.07, 235.21 and  235.22
    46  relating  to obscenity; sections 263.10 and 263.15 relating to promoting
    47  a sexual performance  by  a  child;  sections  265.02,  265.03,  265.04,
    48  265.11,  265.12,  265.13  and  the  provisions  of  section 265.10 which
    49  constitute a felony relating to firearms and  other  dangerous  weapons;
    50  sections  265.14  and  265.16  relating  to  criminal sale of a firearm;
    51  section 265.38 relating to unlawful dissemination  of  instructions  for
    52  the  assembly  of  a  weapon;  section 275.10, 275.20, 275.30, or 275.40
    53  relating to unauthorized recordings; and sections 470.05, 470.10, 470.15
    54  and 470.20 relating to money laundering; or

        S. 9145                             6
     1    § 9. Paragraph f of subdivision 1 of section 410 of the general  busi-
     2  ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
     3  read as follows:
     4    f.  Conviction  of any of the following crimes subsequent to the issu-
     5  ance of a license or registration pursuant to this article: fraud pursu-
     6  ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
     7  190.65;  falsifying  business  records pursuant to section 175.10; grand
     8  larceny pursuant to article 155; bribery pursuant  to  sections  180.03,
     9  180.08,  180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
    10  200.45, 200.50; perjury pursuant to  sections  210.10,  210.15,  210.40;
    11  assault  pursuant  to  sections  120.05, 120.10, 120.11, 120.12; robbery
    12  pursuant to article  160;  homicide  pursuant  to  sections  125.25  and
    13  125.27;  manslaughter pursuant to sections 125.15 and 125.20; kidnapping
    14  and unlawful  imprisonment  pursuant  to  sections  135.10,  135.20  and
    15  135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03
    16  and 265.04; criminal use of a weapon pursuant  to  sections  265.08  and
    17  265.09;  criminal  sale  of  a  weapon  pursuant  to sections 265.11 and
    18  265.12; unlawful dissemination of instructions for  the  assembly  of  a
    19  weapon as defined in section 265.38; compelling prostitution pursuant to
    20  section  230.33;  sex  trafficking  pursuant  to section 230.34; and sex
    21  offenses pursuant to article 130 of the penal  law.  Provided,  however,
    22  that  for  the  purposes of this article, none of the following shall be
    23  considered criminal convictions or reported as such:  (i)  a  conviction
    24  for  which an executive pardon has been issued pursuant to the executive
    25  law; (ii) a conviction which has been vacated and replaced by a youthful
    26  offender finding pursuant to article seven hundred twenty of the  crimi-
    27  nal  procedure  law,  or  the  applicable provisions of law of any other
    28  jurisdiction; or (iii) a conviction  the  records  of  which  have  been
    29  expunged  or sealed pursuant to the applicable provisions of the laws of
    30  this state or of any other jurisdiction; and (iv) a conviction for which
    31  other evidence of successful rehabilitation to remove the disability has
    32  been issued.
    33    § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    34  procedure law, as amended by chapter 368 of the laws of 2015, is amended
    35  to read as follows:
    36    (b) Any of the following felonies: assault in  the  second  degree  as
    37  defined  in section 120.05 of the penal law, assault in the first degree
    38  as defined in section 120.10 of the penal law, reckless endangerment  in
    39  the  first degree as defined in section 120.25 of the penal law, promot-
    40  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    41  strangulation  in  the second degree as defined in section 121.12 of the
    42  penal law, strangulation in the  first  degree  as  defined  in  section
    43  121.13  of  the  penal  law, criminally negligent homicide as defined in
    44  section 125.10 of the penal law, manslaughter in the  second  degree  as
    45  defined  in  section  125.15 of the penal law, manslaughter in the first
    46  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    47  second  degree  as defined in section 125.25 of the penal law, murder in
    48  the first degree as defined in section 125.27 of the penal law, abortion
    49  in the second degree as defined in section  125.40  of  the  penal  law,
    50  abortion  in  the first degree as defined in section 125.45 of the penal
    51  law, rape in the third degree as defined in section 130.25 of the  penal
    52  law, rape in the second degree as defined in section 130.30 of the penal
    53  law,  rape in the first degree as defined in section 130.35 of the penal
    54  law, criminal sexual act in the  third  degree  as  defined  in  section
    55  130.40  of  the  penal  law, criminal sexual act in the second degree as
    56  defined in section 130.45 of the penal law, criminal sexual act  in  the

        S. 9145                             7
     1  first degree as defined in section 130.50 of the penal law, sexual abuse
     2  in  the  first  degree  as  defined  in section 130.65 of the penal law,
     3  unlawful imprisonment in the first degree as defined in  section  135.10
     4  of  the penal law, kidnapping in the second degree as defined in section
     5  135.20 of the penal law, kidnapping in the first degree  as  defined  in
     6  section 135.25 of the penal law, labor trafficking as defined in section
     7  135.35  of  the  penal  law,  aggravated labor trafficking as defined in
     8  section 135.37 of the penal law, custodial  interference  in  the  first
     9  degree  as  defined  in section 135.50 of the penal law, coercion in the
    10  first degree as defined in section 135.65 of  the  penal  law,  criminal
    11  trespass  in  the first degree as defined in section 140.17 of the penal
    12  law, burglary in the third degree as defined in section  140.20  of  the
    13  penal law, burglary in the second degree as defined in section 140.25 of
    14  the penal law, burglary in the first degree as defined in section 140.30
    15  of  the  penal  law, criminal mischief in the third degree as defined in
    16  section 145.05 of the penal law, criminal mischief in the second  degree
    17  as  defined in section 145.10 of the penal law, criminal mischief in the
    18  first degree as defined in section 145.12 of  the  penal  law,  criminal
    19  tampering  in the first degree as defined in section 145.20 of the penal
    20  law, arson in the fourth degree as defined  in  section  150.05  of  the
    21  penal law, arson in the third degree as defined in section 150.10 of the
    22  penal  law,  arson  in the second degree as defined in section 150.15 of
    23  the penal law, arson in the first degree as defined in section 150.20 of
    24  the penal law, grand larceny in the fourth degree as defined in  section
    25  155.30 of the penal law, grand larceny in the third degree as defined in
    26  section  155.35  of the penal law, grand larceny in the second degree as
    27  defined in section 155.40 of the penal law, grand larceny in  the  first
    28  degree  as defined in section 155.42 of the penal law, health care fraud
    29  in the fourth degree as defined in section  177.10  of  the  penal  law,
    30  health  care  fraud  in the third degree as defined in section 177.15 of
    31  the penal law, health care fraud in the  second  degree  as  defined  in
    32  section  177.20  of the penal law, health care fraud in the first degree
    33  as defined in section 177.25 of the penal  law,  robbery  in  the  third
    34  degree  as  defined  in  section 160.05 of the penal law, robbery in the
    35  second degree as defined in section 160.10 of the penal law, robbery  in
    36  the first degree as defined in section 160.15 of the penal law, unlawful
    37  use  of  secret  scientific material as defined in section 165.07 of the
    38  penal law, criminal possession of stolen property in the  fourth  degree
    39  as  defined  in  section 165.45 of the penal law, criminal possession of
    40  stolen property in the third degree as defined in section 165.50 of  the
    41  penal  law,  criminal possession of stolen property in the second degree
    42  as defined by section 165.52 of the penal law,  criminal  possession  of
    43  stolen  property in the first degree as defined by section 165.54 of the
    44  penal law, trademark counterfeiting in the second degree as  defined  in
    45  section  165.72  of the penal law, trademark counterfeiting in the first
    46  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    47  second  degree as defined in section 170.10 of the penal law, forgery in
    48  the first degree as defined in section 170.15 of the penal law, criminal
    49  possession of a forged instrument in the second  degree  as  defined  in
    50  section 170.25 of the penal law, criminal possession of a forged instru-
    51  ment  in the first degree as defined in section 170.30 of the penal law,
    52  criminal possession of forgery devices as defined in section  170.40  of
    53  the  penal  law,  falsifying  business  records  in  the first degree as
    54  defined in section 175.10  of  the  penal  law,  tampering  with  public
    55  records  in  the  first degree as defined in section 175.25 of the penal
    56  law, offering a false instrument for  filing  in  the  first  degree  as

        S. 9145                             8
     1  defined  in section 175.35 of the penal law, issuing a false certificate
     2  as defined in section 175.40 of the penal  law,  criminal  diversion  of
     3  prescription  medications  and  prescriptions  in  the  second degree as
     4  defined  in  section  178.20  of  the  penal  law, criminal diversion of
     5  prescription medications  and  prescriptions  in  the  first  degree  as
     6  defined  in  section 178.25 of the penal law, residential mortgage fraud
     7  in the fourth degree as defined in section  187.10  of  the  penal  law,
     8  residential  mortgage  fraud  in  the third degree as defined in section
     9  187.15 of the penal law, residential mortgage fraud in the second degree
    10  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    11  fraud in the first degree as defined in section 187.25 of the penal law,
    12  escape  in  the  second degree as defined in section 205.10 of the penal
    13  law, escape in the first degree as defined  in  section  205.15  of  the
    14  penal  law,  absconding  from  temporary  release in the first degree as
    15  defined in section 205.17 of the penal law, promoting prison  contraband
    16  in  the  first  degree  as  defined  in section 205.25 of the penal law,
    17  hindering prosecution in the second degree as defined in section  205.60
    18  of  the  penal law, hindering prosecution in the first degree as defined
    19  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    20  section  230.34 of the penal law, criminal possession of a weapon in the
    21  third degree as defined in subdivisions two, three and five  of  section
    22  265.02  of  the penal law, criminal possession of a weapon in the second
    23  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    24  possession  of a weapon in the first degree as defined in section 265.04
    25  of the penal law, manufacture, transport, disposition and defacement  of
    26  weapons  and dangerous instruments and appliances defined as felonies in
    27  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    28  sections 265.11, 265.12 and 265.13 of the penal law, [or] prohibited use
    29  of  weapons as defined in subdivision two of section 265.35 of the penal
    30  law, relating to firearms and other dangerous weapons, unlawful  dissem-
    31  ination  of  instructions  for  the  assembly  of a weapon as defined in
    32  section 265.38 of the penal law, or failure to disclose the origin of  a
    33  recording  in the first degree as defined in section 275.40 of the penal
    34  law;
    35    § 11. Subparagraph i of paragraph 7 of subdivision a of section  9-131
    36  of  the  administrative  code of the city of New York, as added by local
    37  law number 58 of the city of New York for the year 2014, is  amended  to
    38  read as follows:
    39    i. a felony defined in any of the following sections of the penal law:
    40  120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
    41  120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
    42  120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
    43  125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
    44  130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
    45  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    46  130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
    47  140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
    48  160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
    49  215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
    50  220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
    51  230.32, 230.33, 230.34, 235.22, 240.06, 240.55, 240.60, 240.61,  240.62,
    52  240.63,  240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05,
    53  263.10, 263.11, 263.15, 263.16, 263.30,  265.01-a,  265.01-b,  265.02(2)
    54  through  (8),  265.03,  265.04,  265.08, 265.09, 265.10, 265.11, 265.12,
    55  265.13, 265.14,  265.16,  265.17,  265.19,  265.35(2),  265.38,  270.30,
    56  270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22,  470.23, 470.24,

        S. 9145                             9
     1  490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,  490.45,
     2  490.47, 490.50, or 490.55;
     3    § 12. Subparagraph i of paragraph 6 of subdivision a of section 14-154
     4  of  the  administrative  code of the city of New York, as added by local
     5  law number 59 of the city of New York for the year 2014, is  amended  to
     6  read as follows:
     7    i. a felony defined in any of the following sections of the penal law:
     8  120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
     9  120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
    10  120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
    11  125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
    12  130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
    13  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    14  130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
    15  140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
    16  160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
    17  215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
    18  220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
    19  230.32, 230.33, 230.34, 235.22, 240.06, 240.55, 240.60, 240.61,  240.62,
    20  240.63,  240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05,
    21  263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b,  265.02  (2)
    22  through  (8),  265.03,  265.04,  265.08, 265.09, 265.10, 265.11, 265.12,
    23  265.13, 265.14,  265.16,  265.17,  265.19,  265.35(2),  265.38,  270.30,
    24  270.35,  405.16(l),  405.18,  460.22,  470.21,  470.22,  470.23, 470.24,
    25  490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,  490.45,
    26  490.47, 490.50, or 490.55;
    27    §  13.  This  act  shall  take  effect  on  the first of November next
    28  succeeding the date upon which it shall have  become  a  law.  Effective
    29  immediately,  the addition, amendment and/or repeal of any rule or regu-
    30  lation necessary for the implementation of this  act  on  its  effective
    31  date are authorized to be made on or before such effective date.