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A08102 Summary:

BILL NOA08102A
 
SAME ASSAME AS S06363-A
 
SPONSORClark
 
COSPNSRSeawright, Septimo, Gottfried, Dinowitz, Griffin, Simon
 
MLTSPNSR
 
Amd 530.14, CP L; amd 842-a, Fam Ct Act
 
Requires the court to order the search for and immediate seizure of firearms, rifles, or shotguns when a defendant willfully refuses to surrender such firearms, rifles or shotguns.
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A08102 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8102--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2021
                                       ___________
 
        Introduced by M. of A. CLARK, SEAWRIGHT -- read once and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT to amend the criminal procedure law and the family court act, in
          relation to requiring the court to order the search for and  immediate
          seizure  of  certain  firearms  when  a defendant willfully refuses to
          surrender such firearms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (c)  of subdivision 1 of section 530.14 of the
     2  criminal procedure law, as added by section 3 of part M of chapter 55 of
     3  the laws of 2020, is amended to read as follows:
     4    (c) the court [may] shall where the  defendant  willfully  refuses  to
     5  surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
     6  (b) of this subdivision, or may for other good cause  shown,  order  the
     7  immediate  seizure  of such firearm, rifle or shotgun, and search there-
     8  for, pursuant to an order issued in accordance with article six  hundred
     9  ninety  of  this  part, consistent with such rights as the defendant may
    10  derive from this article or the constitution of this state or the United
    11  States.
    12    § 2. Paragraph (c) of subdivision 2 of section 530.14 of the  criminal
    13  procedure law, as added by section 4 of part M of chapter 55 of the laws
    14  of 2020, is amended to read as follows:
    15    (c)  the  court  [may]  shall where the defendant willfully refuses to
    16  surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
    17  (b)  of  this  subdivision, or may for other good cause shown, order the
    18  immediate seizure of such firearm, rifle or shotgun, and  search  there-
    19  for,  pursuant to an order issued in accordance with article six hundred
    20  ninety of this part, consistent with such rights as  the  defendant  may
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10465-02-2

        A. 8102--A                          2
 
     1  derive from this article or the constitution of this state or the United
     2  States.
     3    §  3. Paragraph (c) of subdivision 3 of section 530.14 of the criminal
     4  procedure law, as added by section 5 of part M of chapter 55 of the laws
     5  of 2020, is amended to read as follows:
     6    (c) the court [may] shall where the  defendant  willfully  refuses  to
     7  surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
     8  (b) of this subdivision, or may for other good cause  shown,  order  the
     9  immediate  seizure  of such firearm, rifle or shotgun, and search there-
    10  for, pursuant to an order issued in accordance with article six  hundred
    11  ninety  of  this  part, consistent with such rights as the defendant may
    12  derive from this article or the constitution of this state or the United
    13  States.
    14    § 4. Paragraph (c) of subdivision 1 of section  842-a  of  the  family
    15  court  act, as added by section 8 of part M of chapter 55 of the laws of
    16  2020, is amended to read as follows:
    17    (c) the court [may] shall where the  defendant  willfully  refuses  to
    18  surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
    19  (b) of this subdivision, or may for other good cause  shown,  order  the
    20  immediate  seizure  of such firearm, rifle or shotgun, and search there-
    21  for, pursuant to an order issued in accordance with article six  hundred
    22  ninety of the criminal procedure law, consistent with such rights as the
    23  defendant may derive from this article or the constitution of this state
    24  or the United States.
    25    §  5.  Paragraph  (c)  of subdivision 2 of section 842-a of the family
    26  court act, as added by section 9 of part M of chapter 55 of the laws  of
    27  2020, is amended to read as follows:
    28    (c)  the  court  [may]  shall where the defendant willfully refuses to
    29  surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
    30  (b)  of  this  subdivision, or may for other good cause shown, order the
    31  immediate seizure of such firearm, rifle or shotgun, and  search  there-
    32  for,  pursuant to an order issued in accordance with article six hundred
    33  ninety of the criminal procedure law, consistent with such rights as the
    34  defendant may derive from this article or the constitution of this state
    35  or the United States.
    36    § 6. Paragraph (c) of subdivision 3 of section  842-a  of  the  family
    37  court act, as added by section 10 of part M of chapter 55 of the laws of
    38  2020, is amended to read as follows:
    39    (c)  the  court  [may]  shall where the defendant willfully refuses to
    40  surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
    41  (b)  of  this  subdivision, or may for other good cause shown, order the
    42  immediate seizure of such firearm, rifle or shotgun, and  search  there-
    43  for,  pursuant to an order issued in accordance with article six hundred
    44  ninety of the criminal procedure law, consistent with such rights as the
    45  defendant may derive from this article or the constitution of this state
    46  or the United States.
    47    § 7. This act shall take effect immediately.
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