BILL NO A01157
SAME AS No same as
SPONSOR Cahill (MS)
COSPNSR Ortiz
MLTSPNSR Colton, Scarborough, Wright
Amd S400.05, Pen L
Provides for the temporary surrender of firearms to the police by any person
who is taken into custody by the police for the purpose of a mental examination
and prior to an examination ordered pursuant to article seven hundred thirty of
the criminal procedure law; requires a "cooling off period" following the
discharge from psychiatric care during which time firearms, which came into
police custody during the person's prehospitalization intervention or during
hospitalization, may be kept in police custody for thirty days, or after a
psychiatric examiner has determined whether the person is a threat to himself
or herself or others; provides that a judge of the local jurisdiction may order
an early return of the firearms if he or she determines that it would be
appropriate to do so.
BILL NUMBER:A1157
TITLE OF BILL:
An act
to amend the penal law, in relation to the temporary surrender of
firearms for public safety purposes
PURPOSE OR GENERAL IDEA OF BILL:
This measure would authorize law enforcement agencies to temporarily
withhold an individual's fireanl1 upon release from custody for a
"cooling off period" of thirty days or after a psychiatric examiner has
detemlined whether the individual is a threat to himself, herself or
others.
SUMMARY OF SPECIFIC PROVISIONS:
Section 400.05 of the Penal Law is amended by adding a new Subdivision 7
(a) defining the purpose of surrendering the firearm. Subdivision 7 (b)
explains the cooling off period and authorizes the law enforcement
agency to withhold the weapon. Furthermore, this subdivision provides
for a specific provision defining the time the firearm must remain in
police custody as well as a provision that authorizes a judge of a local
jurisdiction to order the return of such firearm if determined
appropriate.
JUSTIFICATION:
Law enforcement officials often seize weapons from individuals who are
mentally unstable and have threatened to kill themselves. These weapons
are secured for safekeeping during the time when a psychiatric physician
is evaluating the individual. However, upon release, the individual may
request his or her weapon back. Currently, there is no statute that
allows the law enforcement agency to continue holding the weapon if the
individual poses a threat, thus mandating the firearm be returned upon
request. The obvious fear is that the weapon is being placed back in the
hands of someone who may harm themselves or others. Another not so
obvious reason, but equally important, would be the risk of a lawsuit
for the illegal seizure of the weapon. This measure would allow law
enforcement agencies to withhold the firearm for a period of thirty days
or whenever a psychiatric evaluation has determined the individual no
longer remains a threat upon release from custody.
PRIOR LEGISLATIVE HISTORY:
2011-2012 A169 Referred to Codes
2009-2010 A486 Referred to Codes
2007-2008 A243 Referred to Codes
2005-2006 A3235 Referred to Codes
2003-2004 A9618 Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
1157
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. CAHILL, ORTIZ -- Multi-Sponsored by -- M. of A.
COLTON, V. LOPEZ, SCARBOROUGH, WRIGHT -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the temporary surrender of
firearms for public safety purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 400.05 of the penal law is amended by adding a new
2 subdivision 7 to read as follows:
3 7. (A) ANY PERSON WHO IS TAKEN INTO CUSTODY BY THE POLICE FOR THE
4 PURPOSE OF A MENTAL EXAMINATION, AND PRIOR TO AN EXAMINATION ORDERED
5 PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE LAW,
6 SHALL BE REQUIRED TO SURRENDER HIS OR HER FIREARMS AS DEFINED IN SUBDI-
7 VISION THREE OF SECTION 265.00 OF THIS CHAPTER, TO THE POLICE.
8 (B) THERE SHALL BE A "COOLING OFF PERIOD" FOLLOWING THE DISCHARGE FROM
9 PSYCHIATRIC CARE DURING WHICH TIME FIREARMS, WHICH CAME INTO POLICE
10 CUSTODY DURING THE PERSON'S PRE-HOSPITALIZATION INTERVENTION OR DURING
11 HOSPITALIZATION, MAY BE KEPT IN POLICE CUSTODY FOR THIRTY DAYS, OR AFTER
12 A PSYCHIATRIC EXAMINER HAS DETERMINED WHETHER THE PERSON IS A THREAT TO
13 HIMSELF OR HERSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION
14 MAY ORDER AN EARLY RETURN OF THE FIREARMS IF HE OR SHE DETERMINES THAT
15 IT WOULD BE APPROPRIATE TO DO SO.
16 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03671-01-3
