NY State Assembly Bill 2009-A10436

Assembly Bill A10436

2009-2010 Legislative Session

Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2010	print number 10436a
Jun 11, 2010	amend and recommit to codes
Mar 25, 2010	referred to codes

Bill Amendments

Original

A (Active)

2009-A10436 - Details

See Senate Version of this Bill:: S7142
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §§842-a & 846-a, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1475, S674
2013-2014: A754, S69
2015-2016: A373

2009-A10436 - Summary

Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection.

2009-A10436 - Sponsor Memo

                                BILL NUMBER:A10436

TITLE OF BILL:  An act to amend the criminal procedure law and the fami-
ly  court act, in relation to the mandatory suspension and revocation of
firearms licenses upon issuance of orders of protection

PURPOSE OR GENERAL IDEA OF BILL:  This bill closes a dangerous  loophole
in  the  CPL  and  Family  Court  Act provisions governing the immediate
surrender of firearms, and the immediate  revocation  or  suspension  of
firearm licenses, in both criminal and Family Court cases where an order
of protection is issued.

SUMMARY  OF  SPECIFIC  PROVISIONS:    Section  1 amends CPL 530.14(1) to
require a court issuing a temporary order of protection  in  a  criminal
case to order the immediate surrender of all firearms owned or possessed
by  the  person  against whom the order of protection is issued (and the
suspension of any existing firearm license)  where  the  court  finds  a
"substantial  risk"  that  the  individual  may use or threaten to use a
firearm unlawfully against the person for whose protection the order was
issued. Under current CPL 530.14(1),  the  court,  notwithstanding  this
"substantial  risk"  determination,  retains  complete discretion NOT to
order the surrender of firearms or the suspension of the gun license.

Sections 2 and 3 amend CPL §530.14(2) and  (3),  respectively,  to  make
corresponding  changes to the existing firearm surrender and gun license
suspension/revocation  provisions  in   criminal   cases   where,   upon

conviction, a final order of protection is issued and in cases where the
defendant  has  been found to have willfully violated a pending order of
protection.

Sections 4, 5 and 6 amend subdivisions (1), (2) and  (3),  respectively,
of  Family  Court Act section 842-a to make corresponding changes to the
existing  firearm  surrender  and  gun   license   suspension/revocation
provisions  applicable to Family. Court proceedings where a temporary or
final order of protection is issued, and in Family Court cases where the
respondent has been found to have willfully violated a pending order  of
protection.,

Sections  4, 5 and 6, as well as section 7, also replace the term "seri-
ous physical injury" with "physical  injury"  in  separate  but  related
firearm  surrender  provisions  of  Family  Court Act sections 842-a and
B46-a, thereby conforming these provisions to the corresponding  firearm
surrender provisions of the CPL.

Section 8 contains the effective date.

EXISTING  LAW:    Both  the CPL and Family Court Act currently require a
court issuing an order of protection to order the immediate surrender of
all firearms owned or possessed by the defendant or respondent, and  the
immediate  suspension or revocation of any existing firearm license, but
only where certain statutory criteria are met (e.g.,  the  defendant  or
respondent,  has  a  prior conviction for any violent felony offense, or

the order of protection is a final order issued upon  conviction  for  a
felony offense or a non-felony "serious offense" as defined in Penal Law
section  400.00(11)). Where these "mandatory surrender" criteria are not
satisfied, the court may, but need not, order the immediate surrender of
Firearms where it finds a "substantial risk" that the individual may use
or  threaten  to  use  a firearm unlawfully against the person for whose
protection the order is issued.

JUSTIFICATION:  Guns and domestic violence  are  a  lethal  combination,
killing on average, three women every day. The presence of a gun greatly
increases  the chances that a domestic violence incident will end with a
homicide. A woman is three times more likely to be  murdered  by  a  gun
used  by  her  husband  or intimate partner, than killed by a stranger's
guns, knives, or other weapons combined.  A  study  of  female  domestic
homicides  found  that the presence of guns in the home made a woman 7.2
times more likely to be the victim of a domestic homicide.  It is  self-
evident  that firearms must not remain in the hands of those who present
a "substantial risk" that they may use a firearm to harm the very person
for whose benefit an order of protection is issued. By  eliminating  the
discretion  criminal and Family Courts in these cases now have to allow,
an individual who is the subject of an order of protection and has  been
found to pose a "substantial risk" to the protected party to continue to
possess  firearms,  this bill will help to ensure that surviving victims
of domestic violence and other crimes receive the maximum protection the
law can provide.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect immediately.

2009-A10436 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10436

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation  to  the  mandatory  suspension  and  revocation  of firearms
  licenses upon issuance of orders of protection

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   The opening paragraph and paragraph (b) of subdivision 1
of section 530.14 of the criminal procedure law, as added by chapter 644
of the laws of 1996, are amended to read as follows:
  Mandatory [and permissive] suspension of firearms license and ineligi-
bility  for  such  a  license  upon  issuance  of  temporary  order   of
protection.  Whenever a temporary order of protection is issued pursuant
to  subdivision  one  of  section  530.12  or subdivision one of section
530.13 of this article:
  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  defendant  may  use  or  threaten to use a firearm unlawfully
against the person or persons for whose protection the  temporary  order
of  protection is issued, suspend any such existing license possessed by
the defendant, order the defendant ineligible for  such  a  license  and
order the immediate surrender of any or all firearms owned or possessed.
  S  2.   Subdivision 2 of section 530.14 of the criminal procedure law,
as added by chapter 644 of the laws of  1996,  is  amended  to  read  as
follows:
  2.  Mandatory  [and  permissive]  revocation or suspension of firearms
license and ineligibility for such a license upon issuance of  an  order
of  protection.  Whenever  an  order of protection is issued pursuant to
subdivision five of section 530.12 or subdivision four of section 530.13
of this article:
  (a) the court shall revoke any such existing license possessed by  the
defendant,  order  the defendant ineligible for such a license and order
the immediate surrender of any or all firearms owned or possessed  where
such action is required by section 400.00 of the penal law; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16327-02-0

A. 10436                            2

  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the defendant, order the defendant ineligible  for  such  a
license  and  order the immediate surrender of any or all firearms owned
or possessed.
  S 3.  The opening paragraph and paragraph  (b)  of  subdivision  3  of
section  530.14  of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
  Mandatory  [and  permissive]  revocation  or  suspension  of  firearms
license and ineligibility for such a license upon a finding of a willful
failure  to  obey  an order of protection. Whenever a defendant has been
found pursuant to subdivision eleven of section  530.12  or  subdivision
eight of section 530.13 of this article to have willfully failed to obey
an  order  of  protection issued by a court of competent jurisdiction in
this state or another state,  territorial  or  tribal  jurisdiction,  in
addition  to any other remedies available pursuant to subdivision eleven
of section 530.12 or subdivision eight of section 530.13 of  this  arti-
cle:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for  such  a  license  and
order  the immediate surrender of any or all firearms owned or possessed
or (ii) suspend any such existing license possessed  by  the  defendant,
order  the defendant ineligible for such a license and order the immedi-
ate surrender of any or all firearms owned or possessed.
  S 4. Subdivision 1 of section 842-a of the family court act, as  added
by chapter 644 of the laws of 1996 and paragraph (a) as amended by chap-
ter 434 of the laws of 2000, is amended to read as follows:
  1. Mandatory [and permissive] suspension of firearms license and inel-
igibility  for  such a license upon the issuance of a temporary order of
protection.  Whenever a temporary order of protection is issued pursuant
to section eight hundred twenty-eight of this article:
  (a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender of any or all firearms owned or possessed
where the court receives information that gives the court good cause  to
believe  that:  (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal  law;  (ii)  the
respondent  has previously been found to have willfully failed to obey a
prior order of protection and such  willful  failure  involved  (A)  the
infliction  of  [serious] physical injury, as defined in subdivision ten
of section 10.00 of the penal law, (B) the use or threatened  use  of  a
deadly  weapon  or  dangerous  instrument  as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
(C)  behavior  constituting  any  violent  felony  offense as defined in
section 70.02 of the penal law; or (iii)  the  respondent  has  a  prior
conviction for stalking in the first degree as defined in section 120.60
of  the  penal  law, stalking in the second degree as defined in section

A. 10436                            3

120.55 of the penal law, stalking in the  third  degree  as  defined  in
section  120.50  of  the  penal  law or stalking in the fourth degree as
defined in section 120.45 of such law; and
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed  by
the  respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms owned or possessed.
  S 5. Subdivision 2 of section 842-a of the family court act, as  added
by chapter 644 of the laws of 1996, is amended to read as follows:
  2.    Mandatory  [and permissive] revocation or suspension of firearms
license and ineligibility for such a license upon  the  issuance  of  an
order  of protection. Whenever an order of protection is issued pursuant
to section eight hundred forty-one of this part:
  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender of any or all firearms owned or  possessed
where the court finds that the conduct which resulted in the issuance of
the  order  of protection involved (i) the infliction of [serious] phys-
ical injury, as defined in subdivision ten of section 10.00 of the penal
law, (ii) the use or threatened use of  a  deadly  weapon  or  dangerous
instrument  as  those terms are defined in subdivisions twelve and thir-
teen of section 10.00 of the penal law, or (iii)  behavior  constituting
any violent felony offense as defined in section 70.02 of the penal law;
and
  (b)  the  court  [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  respondent,  order the respondent ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the respondent, order the respondent ineligible for such  a
license,  and order the immediate surrender of any or all firearms owned
or possessed.
  S 6. Subdivision 3 of section 842-a of the family court act, as  added
by  chapter 644 of the laws of 1996, the opening paragraph as amended by
chapter 597 of the laws of 1998 and paragraph (a) as amended by  chapter
635 of the laws of 1999, is amended to read as follows:
  3.    Mandatory  [and permissive] revocation or suspension of firearms
license and ineligibility for such a license upon a finding of a willful
failure to obey an order of protection. Whenever a respondent  has  been
found,  pursuant  to  section  eight hundred forty-six-a of this part to
have willfully failed to obey an order  of  protection  issued  by  this
court or an order of protection issued by a court of competent jurisdic-
tion  in  another state, territorial or tribal jurisdiction, in addition
to any other  remedies  available  pursuant  to  section  eight  hundred
forty-six-a of this part:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender of any or all firearms owned or possessed
where the willful failure to obey such order involves (i) the infliction
of [serious] physical injury, as defined in subdivision ten  of  section
10.00 of the penal law, (ii) the use or threatened use of a deadly weap-
on  or  dangerous  instrument as those terms are defined in subdivisions

A. 10436                            4

twelve and thirteen of section 10.00 of the penal law, or (iii) behavior
constituting any violent felony offense as defined in section  70.02  of
the  penal  law;  or  (iv)  behavior  constituting stalking in the first
degree  as  defined  in section 120.60 of the penal law, stalking in the
second degree as defined in section 120.55 of the penal law, stalking in
the third degree as defined in section 120.50 of the penal law or stalk-
ing in the fourth degree as defined in section 120.45 of such law; and
  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  respondent  may  use  or threaten to use a firearm unlawfully
against the  person  or  persons  for  whose  protection  the  order  of
protection was issued, (i) revoke any such existing license possessed by
the  respondent,  order  the  respondent  ineligible for such a license,
whether or not the respondent possesses such a license,  and  order  the
immediate  surrender  of  any or all firearms owned or possessed or (ii)
suspend any such existing license possessed by the respondent, order the
respondent ineligible for  such  a  license,  and  order  the  immediate
surrender of any or all firearms owned or possessed.
  S  7. Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:
  S 846-a. Powers on failure to obey order. If a respondent  is  brought
before  the court for failure to obey any lawful order issued under this
article or an order of protection issued by a court of competent  juris-
diction  of  another  state,  territorial  or  tribal  jurisdiction in a
proceeding and if, after hearing, the court is  satisfied  by  competent
proof  that  the respondent has willfully failed to obey any such order,
the court may modify an existing order to add reasonable  conditions  of
behavior  to  the  existing  order  of  protection,  make a new order of
protection in accordance with section eight hundred  forty-two  OF  THIS
PART, may order the forfeiture of bail in a manner consistent with arti-
cle  five  hundred  forty of the criminal procedure law if bail has been
ordered pursuant to this act,  may  order  the  respondent  to  pay  the
petitioner's  reasonable  and  necessary counsel fees in connection with
the violation petition where the court finds that the violation  of  its
order  was willful, and may commit the respondent to jail for a term not
to exceed six months.  Such commitment may be served upon certain speci-
fied days or parts of days as the court may direct, and the  court  may,
at any time within the term of such sentence, revoke such suspension and
commit  the  respondent  for  the remainder of the original sentence, or
suspend the remainder of such sentence. If the court determines that the
willful failure to obey such order involves violent behavior  constitut-
ing  the crimes of menacing, reckless endangerment, assault or attempted
assault and if such a respondent is licensed to carry,  possess,  repair
and dispose of firearms pursuant to section 400.00 of the penal law, the
court  [may]  SHALL also immediately revoke such license and [may] SHALL
arrange for the immediate surrender and disposal  of  any  firearm  such
respondent owns or possesses.  If the willful failure to obey such order
involves  the  infliction  of  [serious]  physical  injury as defined in
subdivision ten of section 10.00 of the penal law or the use or  threat-
ened  use of a deadly weapon or dangerous instrument, as those terms are
defined in subdivisions twelve and thirteen  of  section  10.00  of  the
penal  law,  such revocation and immediate surrender and disposal of any
firearm owned or possessed by respondent shall be mandatory, pursuant to
subdivision eleven of section 400.00 of the penal law.
  S 8. This act shall take effect immediately.

2009-A10436A (ACTIVE) - Details

See Senate Version of this Bill:: S7142
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §§842-a & 846-a, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1475, S674
2013-2014: A754, S69
2015-2016: A373

2009-A10436A (ACTIVE) - Summary

Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection.

2009-A10436A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10436--A

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the criminal procedure law and the family court act, in
  relation to  the  mandatory  suspension  and  revocation  of  firearms
  licenses upon issuance of orders of protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The opening paragraph and paragraph (b) of  subdivision  1
of section 530.14 of the criminal procedure law, as added by chapter 644
of the laws of 1996, are amended to read as follows:
  Mandatory [and permissive] suspension of firearms license and ineligi-
bility   for  such  a  license  upon  issuance  of  temporary  order  of
protection.  Whenever a temporary order of protection is issued pursuant
to subdivision one of section  530.12  or  subdivision  one  of  section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed  by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or possessed.
  S 2.  Subdivision 2 of section 530.14 of the criminal  procedure  law,
as  added  by  chapter  644  of  the laws of 1996, is amended to read as
follows:
  2. Mandatory [and permissive] revocation  or  suspension  of  firearms
license  and  ineligibility for such a license upon issuance of an order
of protection. Whenever an order of protection  is  issued  pursuant  to
subdivision five of section 530.12 or subdivision four of section 530.13
of this article:
  (a)  the court shall revoke any such existing license possessed by the
defendant, order the defendant ineligible for such a license  and  order
the  immediate surrender of any or all firearms owned or possessed where
such action is required by section 400.00 of the penal law; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16327-04-0

A. 10436--A                         2

  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  defendant  may  use  or  threaten to use a firearm unlawfully
against the  person  or  persons  for  whose  protection  the  order  of
protection  is issued, (i) revoke any such existing license possessed by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the defendant, order the defendant ineligible  for  such  a
license  and  order the immediate surrender of any or all firearms owned
or possessed.
  S 3.  The opening paragraph and paragraph  (b)  of  subdivision  3  of
section  530.14  of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
  Mandatory  [and  permissive]  revocation  or  suspension  of  firearms
license and ineligibility for such a license upon a finding of a willful
failure  to  obey  an order of protection. Whenever a defendant has been
found pursuant to subdivision eleven of section  530.12  or  subdivision
eight of section 530.13 of this article to have willfully failed to obey
an  order  of  protection issued by a court of competent jurisdiction in
this state or another state,  territorial  or  tribal  jurisdiction,  in
addition  to any other remedies available pursuant to subdivision eleven
of section 530.12 or subdivision eight of section 530.13 of  this  arti-
cle:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for  such  a  license  and
order  the immediate surrender of any or all firearms owned or possessed
or (ii) suspend any such existing license possessed  by  the  defendant,
order  the defendant ineligible for such a license and order the immedi-
ate surrender of any or all firearms owned or possessed.
  S 4. Subdivision 1 of section 842-a of the family court act, as  added
by chapter 644 of the laws of 1996 and paragraph (a) as amended by chap-
ter 434 of the laws of 2000, is amended to read as follows:
  1. Mandatory [and permissive] suspension of firearms license and inel-
igibility  for  such a license upon the issuance of a temporary order of
protection.  Whenever a temporary order of protection is issued pursuant
to section eight hundred twenty-eight of this article:
  (a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender of any or all firearms owned or possessed
where the court receives information that gives the court good cause  to
believe  that:  (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal  law;  (ii)  the
respondent  has previously been found to have willfully failed to obey a
prior order of protection and such  willful  failure  involved  (A)  the
infliction of [serious] physical injury, as defined in subdivision [ten]
NINE of section 10.00 of the penal law, (B) the use or threatened use of
a  deadly  weapon  or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
(C)  behavior  constituting  any  violent  felony  offense as defined in
section 70.02 of the penal law; or (iii)  the  respondent  has  a  prior
conviction for stalking in the first degree as defined in section 120.60
of  the  penal  law, stalking in the second degree as defined in section

A. 10436--A                         3

120.55 of the penal law, stalking in the  third  degree  as  defined  in
section  120.50  of  the  penal  law or stalking in the fourth degree as
defined in section 120.45 of such law; and
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed  by
the  respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms owned or possessed.
  S 5. Subdivision 2 of section 842-a of the family court act, as  added
by chapter 644 of the laws of 1996, is amended to read as follows:
  2.    Mandatory  [and permissive] revocation or suspension of firearms
license and ineligibility for such a license upon  the  issuance  of  an
order  of protection. Whenever an order of protection is issued pursuant
to section eight hundred forty-one of this part:
  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender of any or all firearms owned or  possessed
where the court finds that the conduct which resulted in the issuance of
the  order  of protection involved (i) the infliction of [serious] phys-
ical injury, as defined in subdivision [ten] NINE of  section  10.00  of
the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in  subdivisions  twelve
and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
constituting any violent felony offense as defined in section  70.02  of
the penal law; and
  (b)  the  court  [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  respondent,  order the respondent ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the respondent, order the respondent ineligible for such  a
license,  and order the immediate surrender of any or all firearms owned
or possessed.
  S 6. Subdivision 3 of section 842-a of the family court act, as  added
by  chapter 644 of the laws of 1996, the opening paragraph as amended by
chapter 597 of the laws of 1998 and paragraph (a) as amended by  chapter
635 of the laws of 1999, is amended to read as follows:
  3.    Mandatory  [and permissive] revocation or suspension of firearms
license and ineligibility for such a license upon a finding of a willful
failure to obey an order of protection. Whenever a respondent  has  been
found,  pursuant  to  section  eight hundred forty-six-a of this part to
have willfully failed to obey an order  of  protection  issued  by  this
court or an order of protection issued by a court of competent jurisdic-
tion  in  another state, territorial or tribal jurisdiction, in addition
to any other  remedies  available  pursuant  to  section  eight  hundred
forty-six-a of this part:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender of any or all firearms owned or possessed
where the willful failure to obey such order involves (i) the infliction
of [serious] physical injury, as defined in subdivision  [ten]  NINE  of
section  10.00  of  the  penal  law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as  those  terms  are  defined  in

A. 10436--A                         4

subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony  offense  as  defined  in
section  70.02  of the penal law; or (iv) behavior constituting stalking
in  the  first  degree  as  defined  in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the  penal
law,  stalking  in  the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section  120.45
of such law; and
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection was issued, (i) revoke any such existing license possessed by
the respondent, order the respondent  ineligible  for  such  a  license,
whether  or  not  the respondent possesses such a license, and order the
immediate surrender of any or all firearms owned or  possessed  or  (ii)
suspend any such existing license possessed by the respondent, order the
respondent  ineligible  for  such  a  license,  and  order the immediate
surrender of any or all firearms owned or possessed.
  S 7. Section 846-a of the family court act, as amended by chapter  597
of the laws of 1998, is amended to read as follows:
  S  846-a.  Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under  this
article  or an order of protection issued by a court of competent juris-
diction of another  state,  territorial  or  tribal  jurisdiction  in  a
proceeding  and  if,  after hearing, the court is satisfied by competent
proof that the respondent has willfully failed to obey any  such  order,
the  court  may modify an existing order to add reasonable conditions of
behavior to the existing order  of  protection,  make  a  new  order  of
protection  in  accordance  with section eight hundred forty-two OF THIS
PART, may order the forfeiture of bail in a manner consistent with arti-
cle five hundred forty of the criminal procedure law if  bail  has  been
ordered  pursuant  to  this  act,  may  order  the respondent to pay the
petitioner's reasonable and necessary counsel fees  in  connection  with
the  violation  petition where the court finds that the violation of its
order was willful, and may commit the respondent to jail for a term  not
to exceed six months.  Such commitment may be served upon certain speci-
fied  days  or parts of days as the court may direct, and the court may,
at any time within the term of such sentence, revoke such suspension and
commit the respondent for the remainder of  the  original  sentence,  or
suspend the remainder of such sentence. If the court determines that the
willful  failure to obey such order involves violent behavior constitut-
ing the crimes of menacing, reckless endangerment, assault or  attempted
assault  and  if such a respondent is licensed to carry, possess, repair
and dispose of firearms pursuant to section 400.00 of the penal law, the
court [may] SHALL also immediately revoke such license and  [may]  SHALL
arrange  for  the  immediate  surrender and disposal of any firearm such
respondent owns or possesses.  If the willful failure to obey such order
involves the infliction of  [serious]  physical  injury  as  defined  in
subdivision  [ten]  NINE of section 10.00 of the penal law or the use or
threatened use of a deadly weapon  or  dangerous  instrument,  as  those
terms  are  defined in subdivisions twelve and thirteen of section 10.00
of the penal law, such revocation and immediate surrender  and  disposal
of  any  firearm  owned  or  possessed by respondent shall be mandatory,
pursuant to subdivision eleven of section 400.00 of the penal law.
  S 8. This act shall take effect immediately.

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