A00396 Summary:

BILL NOA00396
 
SAME ASNo Same As
 
SPONSORCahill (MS)
 
COSPNSR
 
MLTSPNSRColton, Ortiz
 
Amd §400.05, 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.
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A00396 Actions:

BILL NOA00396
 
01/09/2019referred to codes
01/08/2020referred to codes
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A00396 Committee Votes:

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A00396 Floor Votes:

There are no votes for this bill in this legislative session.
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A00396 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           396
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
          ORTIZ -- 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    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01969-01-9
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