assembly Bill A6746A

2011-2012 Legislative Session

Establishes the safe homes act

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 23, 2012 print number 6746a
Feb 23, 2012 amend and recommit to codes
Jan 04, 2012 referred to codes
Mar 28, 2011 referred to codes

A6746 (ACTIVE) - Details

See Senate Version of this Bill:
S6630
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3516
2015-2016: A249
2017-2018: A1224
2019-2020: A625

A6746 (ACTIVE) - Summary

Establishes the safe homes act authorizing law enforcement to remove firearms found on the premises where there has been a report of domestic violence.

A6746 (ACTIVE) - Bill Text download pdf

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

                                  6746

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, in relation to  establishing
  the safe homes act

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

  Section 1. This act shall be known and may be cited as the "safe homes
act".
  S 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
  6. WHEN RESPONDING TO A REPORT OF  A  FAMILY  OFFENSE  AS  DEFINED  IN
SECTION  530.11  OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE
FAMILY COURT ACT, A LAW  ENFORCEMENT  OFFICER  SHALL  DETERMINE  WHETHER
THERE  ARE  FIREARMS  ON  THE  PREMISES OWNED OR POSSESSED BY THE PERSON
ALLEGED TO HAVE COMMITTED SUCH FAMILY OFFENSES AND WHERE THE REPORT OF A
FAMILY OFFENSE RESULTS IN AN ARREST, THE LAW ENFORCEMENT  OFFICER  SHALL
SEIZE  SUCH  FIREARMS  AND  ANY  LICENSE  TO  CARRY, POSSESS, REPAIR AND
DISPOSE OF FIREARMS HELD BY THE PERSON ARRESTED, UNTIL THE COURT RESPON-
SIBLE FOR ADJUDICATING THE OFFENSE FOR WHICH  THE  PERSON  WAS  ARRESTED
AUTHORIZES THE RELEASE OF SUCH FIREARMS OR LICENSE.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10190-03-1

A6746A (ACTIVE) - Details

See Senate Version of this Bill:
S6630
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3516
2015-2016: A249
2017-2018: A1224
2019-2020: A625

A6746A (ACTIVE) - Summary

Establishes the safe homes act authorizing law enforcement to remove firearms found on the premises where there has been a report of domestic violence.

A6746A (ACTIVE) - Bill Text download pdf

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

                                 6746--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes -- recommitted to the Committee on  Codes  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to  establishing
  the safe homes act

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

  Section 1. This act shall be known and may be cited as the "safe homes
act".
  S 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
  6. (A) WHEN RESPONDING TO A REPORT OF A FAMILY OFFENSE AS  DEFINED  IN
SECTION  530.11  OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE
FAMILY COURT ACT, A LAW  ENFORCEMENT  OFFICER  SHALL  DETERMINE  WHETHER
THERE  ARE  FIREARMS  ON  THE  PREMISES OWNED OR POSSESSED BY THE PERSON
ALLEGED TO HAVE COMMITTED SUCH FAMILY OFFENSES AND WHERE THE REPORT OF A
FAMILY OFFENSE RESULTS IN AN ARREST, THE LAW ENFORCEMENT  OFFICER  SHALL
SEIZE  SUCH  FIREARMS  AND  ANY  LICENSE  TO  CARRY, POSSESS, REPAIR AND
DISPOSE OF FIREARMS HELD BY THE PERSON ARRESTED, UNTIL THE COURT RESPON-
SIBLE FOR ADJUDICATING THE OFFENSE FOR WHICH  THE  PERSON  WAS  ARRESTED
AUTHORIZES THE RELEASE OF SUCH FIREARMS OR LICENSE.
  (B)  THE  LAW  ENFORCEMENT AGENCY SHALL INFORM THE OWNER OR PERSON WHO
HAD LAWFUL POSSESSION OF THE FIREARM OR OTHER  DEADLY  WEAPON,  AT  THAT
PERSON'S   LAST   KNOWN  ADDRESS  BY  REGISTERED  MAIL,  RETURN  RECEIPT
REQUESTED, THAT THE OWNER OR PERSON HAS THIRTY DAYS  FROM  THE  DATE  OF
RECEIPT  OF  THE  NOTICE TO RESPOND TO THE COURT CLERK TO CONFIRM HIS OR
HER DESIRE FOR A HEARING, AND THAT THE FAILURE TO RESPOND  SHALL  RESULT
IN  A  DEFAULT  ORDER FORFEITING THE CONFISCATED FIREARM OR OTHER DEADLY
WEAPON. IN THE EVENT THE OWNER OR PERSON WHOSE FIREARM OR  OTHER  DEADLY
WEAPON  WAS  SEIZED  DOES NOT RESIDE AT THE LAST ADDRESS PROVIDED TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10190-04-2

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