NY State Senate Bill 2011-S6630

Archive: Last Bill Status - 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 06, 2012	referred to codes

2011-S6630 (ACTIVE) - Details

See Assembly Version of this Bill:: A6746
Current Committee:: Senate 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

2011-S6630 (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.

2011-S6630 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6630

TITLE OF BILL:
An act
to amend the criminal procedure law, in
relation to establishing the safe homes act

PURPOSE:
To keep homes safe from the deadly combination of guns and
domestic violence.

SUMMARY OF PROVISIONS:
Section 1 titles the bill the "safe homes act."

Section 2 amends section 140.10 of the criminal procedure law by
adding a new subdivision 6 requiring law enforcement officers
responding to a report of domestic violence to (1) determine whether
there are firearms present at the scene of the incident, and (2) in
the event of an arrest, remove such firearms and, any relevant
licenses to obtain firearms which are owned or possessed by the
person being arrested until the court responsible for adjudicating the
offense authorizes their release.

Section 3 provides for the act to take effect immediately.

JUSTIFICATION:

Domestic violence incidents are emotionally charged
and highly volatile. Having a gun in the household increases the
risk of a domestic violence incident turning deadly. Separating
alleged offenders from firearms is an important step in safeguarding
family members and responding law enforcement officers.

Currently New York State does not require law enforcement officers to
remove firearms from the scene of a domestic violence incident, even
if an arrest is made. The New York City police Department has an
internal policy, but it is not clear whether the requirement for
officers to remove a firearm is triggered by an arrest or by the
officers own judgment of whether the incident involved physical
force; the policy is also unclear on whether firearms or licenses
held by the victim should also be removed.

Many other states have adopted laws similar to this legislation,
including California, Illinois, Montana, West Virginia, Nebraska, New
Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah,
Alaska, Arizona, Connecticut, Hawaii, Indiana and Maryland.

It is time that New York State adopts a statewide, uniform standard for
removing guns from domestic violence perpetrators until a court
determines that it is safe for the gun to be returned.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPACT:
None.

EFFECTIVE DATE:
The act shall take effect immediately.

2011-S6630 (ACTIVE) - Bill Text download pdf

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

                                  6630

                            I N  S E N A T E

                              March 6, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee 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. (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
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

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

                                                           LBD10190-05-2

S. 6630                             2

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.

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Senate Bill S6630

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2011-S6630 (ACTIVE) - Details

2011-S6630 (ACTIVE) - Summary

2011-S6630 (ACTIVE) - Sponsor Memo

2011-S6630 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6630

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Codes Committee

2011-S6630 (ACTIVE) - Details

2011-S6630 (ACTIVE) - Summary

2011-S6630 (ACTIVE) - Sponsor Memo

2011-S6630 (ACTIVE) - Bill Text download pdf

Comments