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
A. 6746--A 2
AGENCY, THE AGENCY SHALL MAKE A DILIGENT, GOOD FAITH EFFORT TO LEARN THE
WHEREABOUTS OF THE OWNER OR PERSON AND TO COMPLY WITH THESE NOTIFICATION
REQUIREMENTS.
(C) IF THE OWNER OR PERSON REQUESTS A HEARING, SUCH HEARING SHALL
OCCUR NO LATER THAN THIRTY DAYS FROM RECEIPT OF THE REQUEST. UNLESS THE
PROPONENT OF THE SEIZURE SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT
THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON WOULD RESULT IN ENDAN-
GERING THE VICTIM OR THE PERSON REPORTING THE ASSAULT OR THREAT, THE
COURT SHALL ORDER THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON.
(D) IF, AT THE HEARING, THE COURT DOES NOT ORDER THE RETURN OF THE
FIREARM OR OTHER DEADLY WEAPON TO THE OWNER OR PERSON WHO HAD LAWFUL
POSSESSION OF SUCH FIREARM OR OTHER DEADLY WEAPON, THAT OWNER OR PERSON
MAY PETITION THE COURT FOR A SECOND HEARING WITHIN TWELVE MONTHS FROM
THE DATE OF THE INITIAL HEARING. IF THERE IS A PETITION FOR A SECOND
HEARING, UNLESS IT IS SHOWN BY CLEAR AND CONVINCING EVIDENCE THAT THE
RETURN OF THE FIREARM OR OTHER DEADLY WEAPON WOULD RESULT IN ENDANGERING
THE VICTIM OR THE PERSON REPORTING THE ASSAULT OR THREAT, THE COURT
SHALL ORDER THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON AND SHALL
AWARD REASONABLE ATTORNEY'S FEES TO THE PREVAILING PARTY. IF THE OWNER
OR PERSON WHO HAD LAWFUL POSSESSION DOES NOT PETITION THE COURT WITHIN
THIS TWELVE MONTH PERIOD FOR A SECOND HEARING OR IS UNSUCCESSFUL AT THE
SECOND HEARING IN GAINING RETURN OF THE FIREARM OR OTHER DEADLY WEAPON,
THE FIREARM OR OTHER DEADLY WEAPON MAY BE DISPOSED OF AS PROVIDED IN
SECTION 400.05 OF THE PENAL LAW.
S 3. This act shall take effect immediately.