Senate Codes Committee advances 14 bills, debates pistol-converter ban and appellate-review changes

The Senate Standing Committee on Codes advanced 14 bills Wednesday, reporting them out of committee after brief debate on several measures and sending others to additional committees for further review.

The committee, chaired by Senator Zellner Myrie, debated several measures at length — most notably legislation to facilitate interlocutory appellate review in criminal cases and a bill to prohibit pistols and parts that allow a semiautomatic handgun to be converted into an automatic weapon.

Proponents described the appellate-review bill (Senate Print 329) as a procedural fix to make it easier to take certain legal questions to appellate courts. Senator Bailey said, “I just wanna say thank you for putting us on the agenda… I just think that a healthy practice is something that is widely ignored.” Opponents expressed concern that expanding interlocutory appeals could delay prosecutions; Senator Palumbo said the change “would overwhelm district attorney’s offices” given other recent procedural changes.

The committee spent the most time on Senate Print 399, legislation to regulate pistol converters and convertible pistols. Senator Mirey explained concerns about small "auto sears" (also referred to in the discussion as "Glock switches") that can be purchased online or printed on a 3-D printer. Mirey told the committee the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has recorded a sharp increase in recoveries of such devices and said the devices “allow for [a handgun] to fire 1,200 rounds per minute.” Supporters said the bill would target designs and products that allow an otherwise semiautomatic pistol to function as a machine gun; the sponsor said existing owners would not be required to surrender firearms and that law-enforcement uses would be excepted.

Several members raised questions about the bill’s scope. Senator Martin noted that certain devices and modifications are already illegal and called the proposed manufacturer-focused prohibition “a step much too far.” Senator Paul Amel warned that the bill’s current language could be read broadly and potentially make many semiautomatic pistols illegal if ordinary mechanical modifications produce fully automatic fire; he asked the sponsor to narrow the bill’s definition so it targets specific conversion devices such as auto sears.

Other measures advanced with little debate. The committee reported bills that would establish a waiting period for firearm purchases (Senate Print 362), require victim statements at misdemeanor sentencing (Senate Print 611A), protect confidentiality of urine test results in judicial diversion programs (Senate Print 1819), restrict use of genetic test results by insurers (Senate Print 2398), enact a safe-storage law for long guns (Senate Print 3385), provide protections for individuals engaged in prostitution who are victims or witnesses (Senate Print 39678), ban certain .50-caliber weapons (Senate Print 4277), revise civil forfeiture procedures (Senate Print 4521), authorize a registry to locate certain missing individuals (Senate Print 6026), require dissemination of child access prevention and safe-storage materials by DCJS (Senate Print 6121), restrict receipt of ammunition in specified circumstances (Senate Print 207236), and create a private right of action for harassment of a child (Senate Print 7469).

Votes at a glance

- Senate Print 329 (Bailey) — Amend Criminal Procedure Law to facilitate interlocutory appellate review: moved by Senator Persaud, seconded by Senator Bailey; Senator Palumbo recorded as voting in the negative; reported out of committee.

- Senate Print 362 (Gennardes/Generics) — Waiting period for firearm purchase: moved by Senator Bailey, seconded by Senator Salazar; Senators Murray and Palumbo recorded in the negative; reported out of committee.

- Senate Print 399 (Mirey) — Regulate pistol converters/convertible pistols: moved by Senator DeNardis, seconded by Senator Bailey; discussion produced requests to narrow definitions; reported out of committee.

- Senate Print 611A (Zadiski) — Victim statements at misdemeanor sentencing: moved by Senator Bailey, seconded by Senator Murray; reported out of committee (Senator Brissport recorded without recommendation).

- Senate Print 1819 (Fernandez) — Confidentiality of urine test results for judicial diversion: moved and seconded; Senators Murray and Colombo recorded without recommendation; reported out of committee.

- Senate Print 2398 (Prasad) — Prohibit insurers’ receipt of genetic-test results beyond payment confirmation: moved by Senator Gennardez, seconded by Senator Brissport; Senators Palumbo and Murray recorded in the negative; reported out of committee.

- Senate Print 3385 (Hoyland Siegel) — Safe-storage requirements for rifles/shotguns/firearms: moved by Senator Bailey, seconded by Senator Brissport; several members asked for legal clarifications about scope (for example, whether the requirement applies to someone living alone); Senators Murray and Cuomo recorded without recommendation; reported out of committee.

- Senate Print 39678 (Sepulveda) — Protections for individuals engaged in prostitution who are victims or witnesses: moved by Senator Salazar, seconded by Senator Murray; sponsor emphasized this does not legalize prostitution but is intended to protect victims and trafficking survivors; reported out of committee (Senator Prasad recorded without recommendation).

- Senate Print 4277 (Kavanaugh) — Ban certain .50-caliber weapons: moved by Senator Prasad, seconded by Senator Bailey; Senators Colombo and Murray recorded in the negative and Senator Brissport recorded without recommendation; reported out of committee.

- Senate Print 4521 (Bailey) — Criminal forfeiture process reform: moved by Senator Prasad, seconded by Senator Salazar; Senators Colombo and Murray recorded in the negative; referred to Finance.

- Senate Print 6026 (Parker) — Assist law enforcement in establishing a registry to locate certain missing individuals: moved by Senator Bailey, seconded by Senator Brissport; referred to Disabilities.

- Senate Print 6121 (Mayer) — Dissemination of child access prevention and safe-storage materials (DCJS to provide materials to school districts): moved by Senator Brissport, seconded by Senator Prasad; Senator Murray recorded without recommendation; reported out of committee.

- Senate Print 207236 (Generics) — Restrictions on receipt of ammunition: moved by Senator Bailey, seconded by Senator Murray; Senator Palumbo recorded with recommendation; reported out of committee.

- Senate Print 7469 (William Siegel) — Criminalize harassment of a child and create a private right of action: moved by Senator Marty, seconded by Senator Bailey; reported out of committee.

What the committee asked staff to clarify

Members repeatedly asked for drafting clarifications and scope limits: whether the safe-storage requirement applies to people who live alone; whether the pistol-converter bill’s definition might unintentionally encompass ordinary firearm modifications; and whether the genetic-testing/insurer bill should permit insurer reliance on tests known at policy inception. Several sponsors said they would refine language before later stages.

The committee adjourned after the final vote. Several bills were referred to other committees for additional review, including Finance and Disabilities.