Requires the court to inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to be owned or possessed by the defendant, and the prosecutor will make reasonable efforts to obtain such information regarding the same and present it to the court.
STATE OF NEW YORK
________________________________________________________________________
8105--B
Cal. No. 609
2021-2022 Regular Sessions
IN ASSEMBLY
June 11, 2021
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Codes -- recommitted to the Committee on Codes in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the criminal procedure law and the family court act, in
relation to orders of protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 1 of section 530.14 of
2 the criminal procedure law, as amended by chapter 60 of the laws of
3 2018, is amended to read as follows:
4 Suspension of firearms license and ineligibility for such a license
5 upon issuance of temporary order of protection. Whenever a temporary
6 order of protection is issued pursuant to subdivision one of section
7 530.12 or subdivision one of section 530.13 of this article the court
8 shall inquire of the defendant and the prosecutor as to the existence
9 and location of any firearm, rifle or shotgun reasonably believed to be
10 owned or possessed by the defendant, and the prosecutor will make
11 reasonable efforts to obtain such information regarding the same and
12 present it to the court and:
13 § 2. The opening paragraph of subdivision 2 of section 530.14 of the
14 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
15 amended to read as follows:
16 Revocation or suspension of firearms license and ineligibility for
17 such a license upon issuance of an order of protection. Whenever an
18 order of protection is issued pursuant to subdivision five of section
19 530.12 or subdivision four of section 530.13 of this article the court
20 shall inquire of the defendant and the prosecutor as to the existence
21 and location of any firearm, rifle or shotgun reasonably believed to be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10477-09-2
A. 8105--B 2
1 owned or possessed by the defendant, and the prosecutor will make
2 reasonable efforts to obtain such information regarding the same and
3 present it to the court and:
4 § 3. The opening paragraph of subdivision 3 of section 530.14 of the
5 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
6 amended to read as follows:
7 Revocation or suspension of firearms license and ineligibility for
8 such a license upon a finding of a willful failure to obey an order of
9 protection. Whenever a defendant has been found pursuant to subdivision
10 eleven of section 530.12 or subdivision eight of section 530.13 of this
11 article to have willfully failed to obey an order of protection issued
12 by a court of competent jurisdiction in this state or another state,
13 territorial or tribal jurisdiction, in addition to any other remedies
14 available pursuant to subdivision eleven of section 530.12 or subdivi-
15 sion eight of section 530.13 of this article the court shall inquire of
16 the defendant and the prosecutor as to the existence and location of any
17 firearm, rifle or shotgun reasonably believed to be owned or possessed
18 by the defendant, and the prosecutor will make reasonable efforts to
19 obtain such information regarding the same and present it to the court
20 and:
21 § 4. The opening paragraph of subdivision 1 of section 842-a of the
22 family court act, as amended by chapter 60 of the laws of 2018, is
23 amended to read as follows:
24 Suspension of firearms license and ineligibility for such a license
25 upon the issuance of a temporary order of protection. Whenever a tempo-
26 rary order of protection is issued pursuant to section eight hundred
27 twenty-eight of this article, or pursuant to article four, five, six,
28 seven or ten of this act the court shall inquire of the respondent and,
29 outside of the presence of the respondent, the petitioner or, if the
30 petitioner is not the protected party, any party protected by such
31 order, if the court has reason to believe that such petitioner or
32 protected party would have actual knowledge or reason to know such
33 information, as to the existence and location of any firearm, rifle or
34 shotgun owned or possessed by the respondent and:
35 § 5. The opening paragraph of subdivision 2 of section 842-a of the
36 family court act, as amended by chapter 60 of the laws of 2018, is
37 amended to read as follows:
38 Revocation or suspension of firearms license and ineligibility for
39 such a license upon the issuance of an order of protection. Whenever an
40 order of protection is issued pursuant to section eight hundred forty-
41 one of this part, or pursuant to article four, five, six, seven or ten
42 of this act the court shall inquire of the respondent and, outside of
43 the presence of the respondent, the petitioner or, if the petitioner is
44 not the protected party, any party protected by such order, if the court
45 has reason to believe that such petitioner or protected party would have
46 actual knowledge or reason to know such information, as to the existence
47 and location of any firearm, rifle or shotgun owned or possessed by the
48 respondent and:
49 § 6. The opening paragraph of subdivision 3 of section 842-a of the
50 family court act, as amended by chapter 60 of the laws of 2018, is
51 amended to read as follows:
52 Revocation or suspension of firearms license and ineligibility for
53 such a license upon a finding of a willful failure to obey an order of
54 protection or temporary order of protection. Whenever a respondent has
55 been found, pursuant to section eight hundred forty-six-a of this part
56 to have willfully failed to obey an order of protection or temporary
A. 8105--B 3
1 order of protection issued pursuant to this act or the domestic
2 relations law, or by this court or by a court of competent jurisdiction
3 in another state, territorial or tribal jurisdiction, in addition to any
4 other remedies available pursuant to section eight hundred forty-six-a
5 of this part the court shall inquire of the respondent and, outside the
6 presence of the respondent, the petitioner or, if the petitioner is not
7 the protected party, any party protected by such order, if the court has
8 reason to believe that such petitioner or protected party would have
9 actual knowledge or reason to know such information, as to the existence
10 and location of any firearm, rifle or shotgun owned or possessed by the
11 respondent and:
12 § 7. This act shall take effect immediately.
