New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S06443 Summary:

S06443 Actions:

S06443 Committee Votes:

S06443 Floor Votes:

S06443 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6443--B
            Cal. No. 470
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     April 28, 2021
                                       ___________
 
        Introduced  by  Sens. MAYER, GAUGHRAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes  --  recom-
          mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and  recommitted to said committee -- reported favorably from
          said committee, ordered to first and second report, ordered to a third
          reading, passed by Senate and delivered  to  the  Assembly,  recalled,
          vote  reconsidered,  restored  to  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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10477-08-2
        S. 6443--B                          2
 
     1  530.12  or  subdivision four of section 530.13 of this article the court
     2  shall inquire of the defendant and the prosecutor as  to  the  existence
     3  and  location of any firearm, rifle or shotgun reasonably believed to be
     4  owned  or  possessed  by  the  defendant,  and  the prosecutor will make
     5  reasonable efforts to obtain such information  regarding  the  same  and
     6  present it to the court and:
     7    §  3.  The opening paragraph of subdivision 3 of section 530.14 of the
     8  criminal procedure law, as amended by chapter 60 of the laws of 2018, is
     9  amended to read as follows:
    10    Revocation or suspension of firearms  license  and  ineligibility  for
    11  such  a  license upon a finding of a willful failure to obey an order of
    12  protection. Whenever a defendant has been found pursuant to  subdivision
    13  eleven  of section 530.12 or subdivision eight of section 530.13 of this
    14  article to have willfully failed to obey an order of  protection  issued
    15  by  a  court  of  competent jurisdiction in this state or another state,
    16  territorial or tribal jurisdiction, in addition to  any  other  remedies
    17  available  pursuant  to subdivision eleven of section 530.12 or subdivi-
    18  sion eight of section 530.13 of this article the court shall inquire  of
    19  the defendant and the prosecutor as to the existence and location of any
    20  firearm,  rifle  or shotgun reasonably believed to be owned or possessed
    21  by the defendant, and the prosecutor will  make  reasonable  efforts  to
    22  obtain  such  information regarding the same and present it to the court
    23  and:
    24    § 4. The opening paragraph of subdivision 1 of section  842-a  of  the
    25  family  court  act,  as  amended  by  chapter 60 of the laws of 2018, is
    26  amended to read as follows:
    27    Suspension of firearms license and ineligibility for  such  a  license
    28  upon  the issuance of a temporary order of protection. Whenever a tempo-
    29  rary order of protection is issued pursuant  to  section  eight  hundred
    30  twenty-eight  of  this  article, or pursuant to article four, five, six,
    31  seven or ten of this act the court shall inquire of the respondent  and,
    32  outside  of  the  presence  of the respondent, the petitioner or, if the
    33  petitioner is not the protected  party,  any  party  protected  by  such
    34  order,  if  the  court  has  reason  to  believe that such petitioner or
    35  protected party would have actual  knowledge  or  reason  to  know  such
    36  information,  as  to the existence and location of any firearm, rifle or
    37  shotgun owned or possessed by the respondent and:
    38    § 5. The opening paragraph of subdivision 2 of section  842-a  of  the
    39  family  court  act,  as  amended  by  chapter 60 of the laws of 2018, is
    40  amended to read as follows:
    41    Revocation or suspension of firearms  license  and  ineligibility  for
    42  such  a license upon the issuance of an order of protection. Whenever an
    43  order of protection is issued pursuant to section eight  hundred  forty-
    44  one  of  this part, or pursuant to article four, five, six, seven or ten
    45  of this act the court shall inquire of the respondent  and,  outside  of
    46  the  presence of the respondent, the petitioner or, if the petitioner is
    47  not the protected party, any party protected by such order, if the court
    48  has reason to believe that such petitioner or protected party would have
    49  actual knowledge or reason to know such information, as to the existence
    50  and location of any firearm, rifle or shotgun owned or possessed by  the
    51  respondent and:
    52    §  6.  The  opening paragraph of subdivision 3 of section 842-a of the
    53  family court act, as amended by chapter 60  of  the  laws  of  2018,  is
    54  amended to read as follows:
    55    Revocation  or  suspension  of  firearms license and ineligibility for
    56  such a license upon a finding of a willful failure to obey an  order  of
        S. 6443--B                          3
 
     1  protection  or  temporary order of protection. Whenever a respondent has
     2  been found, pursuant to section eight hundred forty-six-a of  this  part
     3  to  have  willfully  failed  to obey an order of protection or temporary
     4  order  of  protection  issued  pursuant  to  this  act  or  the domestic
     5  relations law, or by this court or by a court of competent  jurisdiction
     6  in another state, territorial or tribal jurisdiction, in addition to any
     7  other  remedies  available pursuant to section eight hundred forty-six-a
     8  of this part the court shall inquire of the respondent and, outside  the
     9  presence  of the respondent, the petitioner or, if the petitioner is not
    10  the protected party, any party protected by such order, if the court has
    11  reason to believe that such petitioner or  protected  party  would  have
    12  actual knowledge or reason to know such information, as to the existence
    13  and  location of any firearm, rifle or shotgun owned or possessed by the
    14  respondent and:
    15    § 7. This act shall take effect immediately.