assembly Bill A3516A

2013-2014 Legislative Session

Establishes the safe homes act

download bill text pdf

Sponsored By

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
May 15, 2014 print number 3516a
May 15, 2014 amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 28, 2013 referred to codes

Co-Sponsors

A3516 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6746
2015-2016: A249
2017-2018: A1224
2019-2020: A625

A3516 - 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.

A3516 - Bill Text download pdf

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

                                  3516

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05106-01-3

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A3516A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6746
2015-2016: A249
2017-2018: A1224
2019-2020: A625

A3516A (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.

A3516A (ACTIVE) - Bill Text download pdf

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

                                 3516--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

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

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) A POLICE OFFICER WHO RESPONDS 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 MAY, IN THE INTEREST  OF  PUBLIC  SAFETY,
TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC-
TRONIC  STUN  GUN,  DISGUISED  GUN,  IMITATION  WEAPON, SHOTGUN, ANTIQUE
FIREARM, BLACK POWDER RIFLE, BLACK  POWDER  SHOTGUN,  OR  MUZZLE-LOADING
FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A CONSENSUAL
OR  OTHER  LAWFUL  SEARCH,  AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH
WEAPON THAT IS IN THE POSSESSION OF ANY PERSON ARRESTED FOR THE  COMMIS-
SION  OF  SUCH FAMILY OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER
WHO TAKES CUSTODY OF ANY WEAPON PURSUANT TO THIS  PARAGRAPH  SHALL  ALSO
TAKE  CUSTODY  OF  ANY  LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF
SUCH WEAPON ISSUED TO THE PERSON SUSPECTED OF SUCH FAMILY  OFFENSE.  THE
OFFICER  SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW
ENFORCEMENT OFFICER AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION  ONE  OF
SECTION 265.20 OF THE PENAL LAW.
  (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH
(A)  OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05106-02-4

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