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S06363 Summary:

S06363 Actions:

S06363 Committee Votes:

S06363 Floor Votes:

S06363 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6363--A
            Cal. No. 469
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     April 26, 2021
                                       ___________
 
        Introduced by Sens. MAYER, BIAGGI -- read twice and ordered printed, and
          when  printed to be committed to the Committee on Codes -- recommitted
          to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10465-03-2
        S. 6363--A                          2
 
     1  ninety of this part, consistent with such rights as  the  defendant  may
     2  derive from this article or the constitution of this state or the United
     3  States.
     4    §  3. Paragraph (c) of subdivision 3 of section 530.14 of the criminal
     5  procedure law, as added by section 5 of part M of chapter 55 of the laws
     6  of 2020, is amended to read as follows:
     7    (c) the court [may] shall where the  defendant  willfully  refuses  to
     8  surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
     9  (b) of this subdivision, or may for other good cause  shown,  order  the
    10  immediate  seizure  of such firearm, rifle or shotgun, and search there-
    11  for, pursuant to an order issued in accordance with article six  hundred
    12  ninety  of  this  part, consistent with such rights as the defendant may
    13  derive from this article or the constitution of this state or the United
    14  States.
    15    § 4. Paragraph (c) of subdivision 1 of section  842-a  of  the  family
    16  court  act, as added by section 8 of part M of chapter 55 of the laws of
    17  2020, is amended to read as follows:
    18    (c) the court [may] shall where the  defendant  willfully  refuses  to
    19  surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
    20  (b) of this subdivision, or may for other good cause  shown,  order  the
    21  immediate  seizure  of such firearm, rifle or shotgun, and search there-
    22  for, pursuant to an order issued in accordance with article six  hundred
    23  ninety of the criminal procedure law, consistent with such rights as the
    24  defendant may derive from this article or the constitution of this state
    25  or the United States.
    26    §  5.  Paragraph  (c)  of subdivision 2 of section 842-a of the family
    27  court act, as added by section 9 of part M of chapter 55 of the laws  of
    28  2020, is amended to read as follows:
    29    (c)  the  court  [may]  shall where the defendant willfully refuses to
    30  surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
    31  (b)  of  this  subdivision, or may for other good cause shown, order the
    32  immediate seizure of such firearm, rifle or shotgun, and  search  there-
    33  for,  pursuant to an order issued in accordance with article six hundred
    34  ninety of the criminal procedure law, consistent with such rights as the
    35  defendant may derive from this article or the constitution of this state
    36  or the United States.
    37    § 6. Paragraph (c) of subdivision 3 of section  842-a  of  the  family
    38  court act, as added by section 10 of part M of chapter 55 of the laws of
    39  2020, is amended to read as follows:
    40    (c)  the  court  [may]  shall where the defendant willfully refuses to
    41  surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
    42  (b)  of  this  subdivision, or may for other good cause shown, order the
    43  immediate seizure of such firearm, rifle or shotgun, and  search  there-
    44  for,  pursuant to an order issued in accordance with article six hundred
    45  ninety of the criminal procedure law, consistent with such rights as the
    46  defendant may derive from this article or the constitution of this state
    47  or the United States.
    48    § 7. This act shall take effect immediately.