This column contains an annual review of new criminal justice legislation signed into law by Governor Andrew Cuomo, amending the Penal Law, Criminal Procedure Law and other related statutes. While, in total, the Legislature passed the third lowest number of bills since 1915, there was no dearth of criminal justice measures. It is recommended that the reader review the legislation for specific details as the following discussion will primarily highlight key provisions of the new laws. In some instances, as of this writing, legislation enacted by both houses has not yet been sent to the governor for his signature.
The major piece of criminal justice legislation in the past session was the Secure Ammunition and Firearms Enforcement Act, discussed in a prior column (April 8, 2013). Since enacting that law, the Legislature has passed an amendment that would exempt certain retired law enforcement officers from the ban on possessing assault weapons and large capacity ammunition feeding devices. The exemption would only apply to retired New York or federal law enforcement officers who have retired in good standing after having served for at least five years at the time of retirement, and who were trained to use these weapons within 12 months of retirement. In addition, the retired officers must re-qualify every three years in the use of large ammunition feeding devices and they must register the assault weapons within 60 days of retirement (L.2013, Ch. 98, effective July 5, 2013).
Procedural Changes
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