Senate Bill S1647

2009-2010 Legislative Session

Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection to inquire as to the possession of a firearm by the defendant or respondant

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Archive: Last Bill Status Via A4320 - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2010	referred to codes delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.326 returned to assembly died in senate
Jul 16, 2009	committed to rules
Apr 28, 2009	3rd reading cal.23 substituted for s1647a
Jan 06, 2010	referred to codes
Apr 28, 2009	substituted by a4320a
Mar 17, 2009	amended on third reading 1647a
Feb 23, 2009	advanced to third reading
Feb 11, 2009	2nd report cal.
Feb 10, 2009	1st report cal.23
Feb 04, 2009	referred to codes

Bill Amendments

Original

A (Active)

2009-S1647 - Details

Current Committee:: Senate Codes
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1003
2013-2014: S34

2009-S1647 - Summary

Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection, to inquire as to the ownership of a firearm by the defendant or respondent.

2009-S1647 - Sponsor Memo

                                 BILL NUMBER:  S1647

 TITLE OF BILL :

An act to amend the criminal procedure law and the family court act,
in relation to orders of protection


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would protect victims of domestic violence by requiring
criminal or family court judges to inquire about the defendant's or
respondent's possession of a firearm when orders of protection are
sought.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends the opening paragraph of subdivision 1
of section 530.14 of the criminal procedure law by requiring the court
to inquire of the defendant as to the existence and location of any
firearm owned or possessed by the defendant, upon issuance of a
temporary order of protection.

Section 2 of the bill amends the opening paragraph of subdivision 2 of
section 530.14 of the criminal procedure Jaw by requiring the court to
inquire of defendant as to the existence and location of any firearm

owned or possessed by the defendant, upon issuance of an order of
protection.

Section 3 of the bill amends the opening paragraph of subdivision 3 of
section 530.14 of the criminal procedure law by requiring the court to
inquire of defendant as to the existence and location of any firearm
owned or possessed by the defendant whenever a defendant has been
found 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, pursuant to subdivision eleven of
section 530.12 or subdivision eight of section 530.13.

Section 4 of the bill amends section 154-c of the family court act by
adding a new subdivision 4, which requires the court to inquire of
respondent as to the existence and location of any firearms owned or
possessed by the respondent, either prior to the issuance of any
temporary order of protection or order of protection issued under any
provision of the domestic relations law, or at the first appearance of
respondent thereafter, if respondent did not appear at the time the
order of protection was issued.

Section 5 establishes that this act shall take effect immediately.

 JUSTIFICATION :

Current law provides for the mandatory and permissive revocation or
suspension of firearms licenses and in,eligibility for such licenses
upon issuance of temporary orders of protection or orders of
protection. However, those statutes do not require the court to
actually inquire as to the existence and location of any firearms
owned or possessed by the defendant or respondent. Currently, some
judges do make such an inquiry, while others do not. This bill will
help ensure that judges have information they need to make the
decisions already required by existing statutes by mandating that this
inquiry be made on issuance of orders of protection or upon willful
failure to obey previous orders. Thus, courts will have, as a matter
of record, disclosure by defendants or respondents regarding the
existence and location of any and all firearms owned or possessed by a
defendant or respondent in these matters. In the event that a
temporary order of protection or order of protection is issued
ex-parte, the inquiry will be made of the respondent at respondent's
first appearance thereafter, thus not delaying issuance of an order
necessary for the victim's protection, while ensuring that the court
obtains relevant information from the respondent.

 LEGISLATIVE HISTORY :

A.1497/S.4416 (2007-08), Passed Assembly
A.2404/S.1929 (2005-06), Passed Assembly
A.6820 (2004) Passed Assembly

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1647 - Bill Text download pdf

co-Sponsors

2009-S1647A (ACTIVE) - Details

Current Committee:: Senate Codes
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1003
2013-2014: S34

2009-S1647A (ACTIVE) - Summary

Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection, to inquire as to the ownership of a firearm by the defendant or respondent.

2009-S1647A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1647A

 TITLE OF BILL :
An act to amend the criminal procedure law and the family court act,
in relation to orders of protection


 PURPOSE :
This bill would protect victims of domestic violence by requiring
criminal or family court judges to inquire about the defendant's or
respondent's possession of a firearm when orders of protection are
sought.

 SUMMARY OF PROVISIONS :
Section one of the bill amends the opening paragraph of subdivision 1
of section 530.14 of the Criminal Procedure Law by requiring the court
to inquire of the defendant as to the existence and location of any
firearm owned or possessed by the defendant, upon issuance of a
temporary order of protection.

Section 2 of the bill amends the opening paragraph of subdivision 2 of
section 530.14 of the Criminal Procedure Law by requiring the court to
inquire of defendant as to the existence and location of any firearm
owned or possessed by the defendant, upon issuance of an order of
protection.

Section 3 of the bill amends the opening paragraph of subdivision 3 of
section 530.14 of the Criminal Procedure Law by requiring the court to
inquire of defendant as to the existence and location of any firearm
owned or possessed by the defendant whenever a defendant has been
found 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, pursuant to subdivision eleven of
section 530.12 or subdivision eight of section 530.13.

Section 4 of the bill amends the opening paragraph of subdivision 1 of
section 842-a of the Family Court Act by requiring the court to
inquire of defendant as to the existence and location of any firearm
owned or possessed by the defendant, upon issuance of an order of
protection.

Section 5 establishes that this act shall take effect immediately.

The only change in the A-print is in section 4 of the bill, which had
previously amended section 154-c of the Family Court Act by adding a
new subdivision 4 to accomplish the same goal as the preceding bill
sections, but with somewhat different language than the amendments to
the Criminal Procedure Law. Section 4 of the bill now amends section
842-a of the Family Court Act in the same way that the preceding
sections of the bill amend the Criminal Procedure Law.

 JUSTIFICATION :
Current law provides for the mandatory and permissive revocation or
suspension of firearms licenses and ineligibility for such licenses
upon issuance of temporary orders of protection or orders of
protection. However, those statutes do not require the court to
actually inquire as to the existence and location of any firearms
owned or possessed by the defendant or respondent.  Currently, some
judges do make such an inquiry, while others do not.  This bill will
help ensure that judges have information they need to make the
decisions already required by existing statutes by mandating that this
inquiry be made on issuance of orders of protection or upon willful
failure to obey previous orders. Thus, courts will have, as a matter
of record, disclosure by defendants or respondents regarding the
existence and location of any and all firearms owned or possessed by a
defendant or respondent in these matters.
 LEGISLATIVE HISTORY :
A.1497/S.4416 (passed Assembly 2007-2008); A.2404/S.1929 (passed
Assembly 2005-06); A.6820 (passed Assembly 2004).

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1647A (ACTIVE) - Bill Text download pdf

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

                                 1647--A
    Cal. No. 23

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 4, 2009
                               ___________

Introduced  by  Sens.  SCHNEIDERMAN,  FLANAGAN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  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 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 of subdivision 1 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:
  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 THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO
THE EXISTENCE AND LOCATION OF ANY FIREARM  OWNED  OR  POSSESSED  BY  THE
DEFENDANT AND:
  S  2.  The opening paragraph of 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:
  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 subdi-
vision  five  of section 530.12 or subdivision four of section 530.13 of
this article THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO  THE  EXIST-
ENCE  AND  LOCATION  OF  ANY FIREARM OWNED OR POSSESSED BY THE DEFENDANT
AND:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00020-07-9

S. 1647--A                          2

  S 3. The opening paragraph of subdivision 3 of section 530.14  of  the
criminal  procedure  law, as amended by chapter 597 of the laws of 1998,
is 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 article THE COURT
SHALL INQUIRE OF THE DEFENDANT AS TO THE EXISTENCE AND LOCATION  OF  ANY
FIREARM OWNED OR POSSESSED BY THE DEFENDANT AND:
  S  4.  The  opening paragraph of subdivision 1 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:
  Mandatory  and  permissive suspension of firearms license and ineligi-
bility 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 THE COURT SHALL
INQUIRE OF THE RESPONDENT AS  TO  THE  EXISTENCE  AND  LOCATION  OF  ANY
FIREARM OWNED OR POSSESSED BY THE RESPONDENT AND:
  S 5. This act shall take effect immediately.

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Senate Bill S1647

Sponsored By

Archive: Last Bill Status Via A4320 - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S1647 - Details

2009-S1647 - Summary

2009-S1647 - Sponsor Memo

2009-S1647 - Bill Text download pdf

co-Sponsors

2009-S1647A (ACTIVE) - Details

2009-S1647A (ACTIVE) - Summary

2009-S1647A (ACTIVE) - Sponsor Memo

2009-S1647A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Eric T. Schneiderman

Archive: Last Bill Status Via A4320 - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S1647 - Details

2009-S1647 - Summary

2009-S1647 - Sponsor Memo

2009-S1647 - Bill Text download pdf

co-Sponsors

John J. Flanagan

2009-S1647A (ACTIVE) - Details

2009-S1647A (ACTIVE) - Summary

2009-S1647A (ACTIVE) - Sponsor Memo

2009-S1647A (ACTIVE) - Bill Text download pdf

Comments