A00980 Summary:

BILL NOA00980
 
SAME ASSAME AS S05963
 
SPONSORPaulin (MS)
 
COSPNSRZebrowski, Mosley, Gottfried, Magnarelli, Otis, Quart, Walker, Bronson, Fahy, Steck, Buchwald, Seawright, Jaffee, Hooper, Weprin
 
MLTSPNSRGalef, Richardson, Rivera, Simon, Thiele
 
Amd §370.15, CP L
 
Relates to orders to surrender eligible weapons; requires the surrender of weapons following a conviction in certain misdemeanor cases.
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A00980 Actions:

BILL NOA00980
 
01/10/2017referred to codes
01/30/2017reported
02/02/2017advanced to third reading cal.28
05/08/2017passed assembly
05/08/2017delivered to senate
05/08/2017REFERRED TO CODES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.67
04/23/2018recommitted to codes
04/23/2018enacting clause stricken
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A00980 Committee Votes:

CODES Chair:Lentol DATE:01/30/2017AYE/NAY:18/4 Action: Favorable
LentolAyeGrafNay
SchimmingerAyeGiglioNay
WeinsteinAyeMcKevittAye
PretlowAyeMontesanoNay
CookAyeRaAye
CymbrowitzAyeMorinelloNay
TitusAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye

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A00980 Floor Votes:

DATE:05/08/2017Assembly Vote  YEA/NAY: 131/7
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Simanowitz
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simon
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simotas
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Skartados
Yes
Barclay
Yes
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skoufis
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Solages
Yes
Barrett
Yes
DenDekker
ER
Hevesi
ER
Malliotakis
Yes
Peoples-Stokes
Yes
Stec
Yes
Barron
Yes
Dickens
ER
Hikind
Yes
Mayer
Yes
Perry
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pichardo
Yes
Thiele
Yes
Blake
No
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pretlow
Yes
Titone
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Quart
ER
Titus
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Ra
Yes
Vanel
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Raia
Yes
Walker
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Ramos
Yes
Wallace
Yes
Bronson
Yes
Farrell
Yes
Jones
No
Montesano
ER
Richardson
Yes
Walsh
Yes
Buchwald
ER
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
Yes
Walter
No
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rodriguez
Yes
Weinstein
No
Byrne
No
Friend
Yes
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weprin
Yes
Cahill
Yes
Galef
Yes
Kim
ER
Moya
Yes
Rozic
Yes
Williams
Yes
Carroll
ER
Gantt
Yes
Kolb
Yes
Murray
Yes
Ryan
Yes
Woerner
No
Castorina
Yes
Garbarino
No
Lalor
Yes
Niou
Yes
Santabarbara
ER
Wright
Yes
Colton
Yes
Giglio
Yes
Lavine
ER
Nolan
Yes
Schimminger
Yes
Zebrowski
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Seawright
Yes
Mr. Speaker
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
ER
Sepulveda

‡ Indicates voting via videoconference
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A00980 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A980
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to orders to surrender eligible weapons   PURPOSE: To require the immediate surrender of any firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms and antique firearms that are owned or possessed by a person upon his or her conviction of offenses determined to be misdemeanor crimes of domestic violence.   SUMMARY OF PROVISIONS: Section 1 amends section 370.15 of the criminal procedure law by adding three new subdivisions 4, 5 and 6. Subdivision 4 requires the court to order the immediate surrender of any firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms and antique firearms owned or possessed upon judgment of conviction and determination of the defendant to be related or situated to the victim as set forth in this section 370.15. The subdivision requires the court to require the respondent to inform the court of all firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms and antique firearms he or she owns or possesses. Subdivision 5 provides that the court ordering the surrender of any firearm, rifle, shotgun, black powder rifle, black powder shotgun, muzzle-loading firearm or antique firearm as provided in this section shall immediately notify the duly constituted police authorities of the locality of such action and the division of state police at its office in Albany. The court shall direct the authority receiving such surren- dered firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms or antique firearms to immediately notify the court of such surrender. Subdivision 6 provides that the disposition of any firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms or antique firearms surrendered pursuant to this section shall be in accordance with section 400.05(6) of the Penal Law. Subdivision 6 further provides that the provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms or antique firearms owned or possessed by a defendant pursuant to any other provision of law. Section 2 sets forth the effective date.   JUSTIFICATION: Intimate partner homicide is the most frequent type of domestic homi- cide. In 2013, nearly one-quarter of the victims in all homicides in the state had a domestic relationship with their offenders. October 2014 Criminal Justice Research Report, "Domestic Homicide in New York State 2013," Division of Criminal Justice Services Office of Justice Research & Performance (2014 DCJS Report). More than half of these domestic homi- cides were committed by intimate partners (13.5%, with 8.91 committed by other family members). The 2014 DCJS Report also found that statewide, intimate partner homi- cides and total domestic homicides have increased 16% and 5.1%, respec- tively, from 2012 to 2013. Outside of New York City, there were 49 inti- mate partner homicides -- the highest in 5 years (56.3% of a total of 87 intimate partner homicides), with 38 in New York City. Similarly, of the 144 total domestic homicides in 2013, 83 (57.6%) occurred outside New York City -- the highest in 5 years -- and 61 in New York City. Women continue to account for most of all intimate partner homicides in New York (78.2% in 2013). Of the 130 total homicide victims who were female, age 16 and older, 51.5% were killed by intimate partners. 2014 DCJS Report. In addition, eleven domestic homicide incidents reported in 2013 involved multiple victims, a total of 26, including seven children. Firearms, which include handguns, rifles, shotguns and other firearms, are the weapons used in one-third of intimate partner homicides, with firearms used in 18.4% of intimate partner homicides in New York City and in 42.9% of intimate partner homicides in the rest of the state. 2014 DCJS Report. Domestic violence often escalates in severity over time and the presence of a firearm increases the likelihood that it will escalate to a homicide. "When a gun was in the house, an abused woman was 6 times more likely than other abused women to be killed." See U.S. v. Castleman, 572 U.S. (2014), citing Campbell et al., Assessing Risk Factors for Intimate Partner Homicide, DOJ, Nat. Institute of Justice J., No. 250, p. 16 (Nov. 2003). In recognition of this stark reality, Congress prohibited, in addition to felons, those individuals convicted of misdemeanor crimes of domestic violence from possessing firearms. 18 U.S.C. § 922(g)(9). We were recently reminded by the Supreme Court that Congress recognized 20 years ago the need to "close (a) dangerous loophole" when it enacted 18 U.S.C. § 922(g)(9). (See Voisine v. U.S. 579 U.S. (2016), citing Castleman, quoting U.S. v. Hayes, 555 U.S. 415,426 (2009).) Although an existing provision at the time already prohibited convicted felons from possess- ing firearms, domestic violence abusers charged with "run-of-the-mill misdemeanor assault and battery laws" were not barred from possessing guns. In affirming that the federal ban on firearms possession applies to misdemeanor assault convictions for reckless conduct, the Court in Voisine reiterated its view that '(firearms and domestic strife are a potentially deadly combination'. (See Voisine, quoting Hayes.) A dangerous loophole similarly exists under New York law. Currently, when a person is convicted of a felony or serious offense or an order of protection is issued for victims of family offenses in certain circum- stances, the court must revoke any existing license of that person to possess a firearm and order the immediate surrender of any firearms that person owns or possesses. The law does not, however, provide for the surrender of these dangerous weapons that a person owns or possesses upon conviction of a misdemeanor crime of domestic violence even though upon such a conviction, the person would be prohibited under federal law from purchasing or possessing a firearm. To provide that when a person is convicted of a misdemeanor crime of domestic violence he cannot buy or possess a firearm under federal law, but if he already owns firearms and is convicted of a misdemeanor crime of domestic violence he can keep the firearms he owns is a gaping hole in the law that must be closed. Firearms, rifles, shotguns, antique firearms, black powder rifles, black powder shotguns and muzzle-loading firearms clearly have the ability to inflict or threaten serious injury or cause death. They should be removed from the abuser's possession upon conviction of a misdemeanor crime of domestic violence. By requiring the surrender of firearms, rifles, shotguns, antique firearms, black powder rifles, black powder shotguns and muzzle-loading firearms of those persons who have been convicted of a misdemeanor crime of domestic violence, we will be better able to protect the safety and welfare of domestic violence victims who we know are at risk of harm at the hands of their abusers.   LEGISLATIVE HISTORY: A.5257, 2015 and 2016 passed Assembly. Similar to A.9515, 2014 referred to Codes.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective immediately and shall apply to convictions on or after such effective date as well as to charges for such offenses pending on such effective date for which sentence had not yet been imposed.
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A00980 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           980
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, MAGNARELLI,
          OTIS,   QUART,  KAVANAGH,  WALKER,  BRONSON,  FAHY,  STECK,  BUCHWALD,
          SEAWRIGHT -- Multi-Sponsored by -- M. of A. GALEF, RICHARDSON, RIVERA,
          SIMON, THIELE -- read once and referred to the Committee on Codes
 
        AN ACT to amend the criminal procedure law, in  relation  to  orders  to
          surrender eligible weapons
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 370.15 of the criminal procedure law is amended  by
     2  adding three new subdivisions 4, 5 and 6 to read as follows:
     3    4.  Upon  judgment of conviction and determination of the defendant to
     4  be related or situated to the victim as set forth in this  section,  the
     5  court  shall require the respondent to inform the court of all firearms,
     6  rifles, shotguns, black powder rifles, black  powder  shotguns,  muzzle-
     7  loading  firearms  or antique firearms he or she owns or possesses.  The
     8  court shall order the immediate surrender pursuant to  subparagraph  (f)
     9  of paragraph one of subdivision a of section 265.20 of the penal law and
    10  subdivision  six  of  section  400.05  of  the  penal law, of any or all
    11  firearms, rifles, shotguns, black powder rifles, black powder  shotguns,
    12  muzzle-loading  firearms  or  antique firearms owned or possessed by the
    13  defendant.
    14    5. The court ordering the surrender of any  firearm,  rifle,  shotgun,
    15  black  powder  rifle,  black  powder  shotgun, muzzle-loading firearm or
    16  antique firearm as provided in this section shall immediately notify the
    17  duly constituted police authorities of the locality of such  action  and
    18  the  division  of state police at its office in the city of Albany.  The
    19  court shall direct the authority receiving  such  surrendered  firearms,
    20  rifles,  shotguns,  black  powder rifles, black powder shotguns, muzzle-
    21  loading firearms or antique firearms to immediately notify the court  of
    22  such surrender.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01087-01-7

        A. 980                              2
 
     1    6. (a) The disposition of any firearms, rifles, shotguns, black powder
     2  rifles,  black  powder  shotguns,  muzzle-loading  firearms  or  antique
     3  firearms surrendered pursuant to this section  shall  be  in  accordance
     4  with  the  provisions  of subdivision six of section 400.05 of the penal
     5  law.
     6    (b)  The  provisions  of  this  section  shall not be deemed to limit,
     7  restrict or otherwise impair the authority of the  court  to  order  and
     8  direct  the  surrender  of  any or all firearms, rifles, shotguns, black
     9  powder  rifles,  black  powder  shotguns,  muzzle-loading  firearms,  or
    10  antique firearms owned or possessed by a defendant pursuant to any other
    11  provision of law.
    12    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    13  convictions on or after such effective date as well as  to  charges  for
    14  such  offenses pending on such effective date for which sentence has not
    15  yet been imposed.
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A00980 LFIN:

 NO LFIN
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