New York State Assembly

 
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A07957 Summary:

A07957 Actions:

A07957 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:06/07/2021AYE/NAY:18/4  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/08/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A07957 Floor Votes:

A07957 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7957
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 3, 2021
                                       ___________
 
        Introduced  by M. of A. RICHARDSON -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes
 
        AN ACT to amend the domestic relations law, in relation  to  authorizing
          the  court  to  determine the search and seizure orders of firearms in
          connection with orders of protection

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph h of subdivision 3 of section 240 of the domestic
     2  relations  law,  as amended by chapter 1 of the laws of 2013, is amended
     3  to read as follows:
     4    h. Upon issuance of an order  of  protection  or  temporary  order  of
     5  protection  or  upon  a  violation of such order, the court shall make a
     6  determination regarding the suspension and revocation of  a  license  to
     7  carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
     8  ity for such a license and the surrender of [firearms] a firearm,  rifle
     9  or  shotgun  in  accordance  with sections eight hundred forty-two-a and
    10  eight hundred forty-six-a of the family court act, as  applicable.  Upon
    11  issuance  of  an  order of protection pursuant to this section or upon a
    12  finding of a violation thereof, the court also  may  direct  payment  of
    13  restitution  in  an amount not to exceed ten thousand dollars in accord-
    14  ance with subdivision (e) of section eight  hundred  forty-one  of  such
    15  act; provided, however, that in no case shall an order of restitution be
    16  issued  where the court determines that the party against whom the order
    17  would be issued has already compensated the injured party or where  such
    18  compensation  is  incorporated  in a final judgment or settlement of the
    19  action. The court may,  where  the  party  against  whom  the  order  of
    20  protection or temporary order of protection was issued willfully refuses
    21  to surrender such firearm, rifle or shotgun pursuant to subdivisions (a)
    22  and (b) of section eight hundred forty-two-a of the family court act, or
    23  for other good cause shown, order the immediate seizure of such firearm,
    24  rifle  or  shotgun,  and search therefor, pursuant to an order issued in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10373-01-1
        A. 7957                             2
 
     1  accordance with article six hundred ninety  of  the  criminal  procedure
     2  law,  consistent  with  such  rights  as said party may derive from this
     3  article or the constitution of this state or the United States.
     4    §  2.  Subdivision  9 of section 252 of the domestic relations law, as
     5  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     6    9. Upon issuance of an order  of  protection  or  temporary  order  of
     7  protection  or  upon  a  violation of such order, the court shall make a
     8  determination regarding the suspension and revocation of  a  license  to
     9  carry,  possess, repair or dispose of a firearm or firearms, ineligibil-
    10  ity for such a license and the surrender of [firearms] a firearm,  rifle
    11  or  shotgun  in  accordance  with sections eight hundred forty-two-a and
    12  eight hundred forty-six-a of the family court act, as  applicable.  Upon
    13  issuance  of  an  order of protection pursuant to this section or upon a
    14  finding of a violation thereof, the court also  may  direct  payment  of
    15  restitution  in  an amount not to exceed ten thousand dollars in accord-
    16  ance with subdivision (e) of section eight  hundred  forty-one  of  such
    17  act; provided, however, that in no case shall an order of restitution be
    18  issued  where the court determines that the party against whom the order
    19  would be issued has already compensated the injured party or where  such
    20  compensation  is  incorporated  in a final judgment or settlement of the
    21  action. The court may,  where  the  party  against  whom  the  order  of
    22  protection or temporary order of protection was issued willfully refuses
    23  to surrender such firearm, rifle or shotgun pursuant to subdivisions (a)
    24  and (b) of section eight hundred forty-two-a of the family court act, or
    25  for other good cause shown, order the immediate seizure of such firearm,
    26  rifle  or  shotgun,  and search therefor, pursuant to an order issued in
    27  accordance with article six hundred ninety  of  the  criminal  procedure
    28  law,  consistent  with  such  rights  as said party may derive from this
    29  article or the constitution of this state or the United States.
    30    § 3. This act shall take effect immediately.