Bill Text: NY S06443 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-10-18 - SIGNED CHAP.577 [S06443 Detail]
Download: New_York-2021-S06443-Amended.html
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. LBD10477-08-2S. 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 ofS. 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.
