|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 06, 2012||referred to codes|
senate Bill S6630
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6630 (ACTIVE) - Details
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:
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.
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