Assembly Bill A9490

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

                                  9490

                          I N  A S S E M B L Y

                               May 2, 2014
                               ___________

Introduced  by  M. of A. PAULIN, ZEBROWSKI, MOSLEY, ABINANTI, GOTTFRIED,
  ROSA, DINOWITZ, GALEF,  JACOBS,  MAGNARELLI,  MARKEY,  MILLMAN,  OTIS,
  QUART, ROBINSON, SCARBOROUGH -- Multi-Sponsored by -- M. of A. RIVERA,
  THIELE -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to orders to surrender eligi-
  ble weapons

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

  Section 1. The penal law is amended by adding a new section 60.12-a to
read as follows:
S 60.12-A ORDER TO SURRENDER.
  1. FOR PURPOSES OF THIS SECTION, "ELIGIBLE WEAPON" MEANS (I) AN "ELEC-
TRONIC DART GUN," "ELECTRONIC STUN GUN," OR "DISGUISED  GUN,"  AS  THOSE
TERMS  ARE  DEFINED  IN  SECTION  265.00  OF  THIS  CHAPTER, AND (II) AN
"IMITATION WEAPON" AS  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  EIGHT
HUNDRED SEVENTY-ONE OF THE GENERAL BUSINESS LAW.
  2.  WHENEVER  A PERSON IS CONVICTED OF ASSAULT OR ATTEMPTED ASSAULT IN
THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THIS CHAP-
TER, MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED  IN
SECTION  120.14  AND  110.00  OF  THIS  CHAPTER, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION  OR  ATTEMPTED  CRIMINAL  OBSTRUCTION  OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF  THIS  CHAPTER,  FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS
DEFINED IN SECTIONS 130.52 AND 110.00 OF THIS CHAPTER, AND THE DEFENDANT
HAS BEEN DETERMINED, PURSUANT TO SECTION 370.15 OF THE  CRIMINAL  PROCE-
DURE  LAW, TO BE RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE IN THE
MANNER SPECIFIED IN 18 U.S.C.  921(A)(33)(A)(II), THE COURT SHALL  ORDER
THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
SUBDIVISION  A  OF SECTION 265.20 OF THIS CHAPTER AND SUBDIVISION SIX OF
SECTION 400.05 OF THIS CHAPTER, OF ANY OR ALL  FIREARMS,  RIFLES,  SHOT-
GUNS, ASSAULT WEAPONS, OR ELIGIBLE WEAPONS OWNED OR POSSESSED.
  3.  (A)  WHENEVER A PERSON IS CONVICTED AS PROVIDED IN SUBDIVISION TWO
OF THIS SECTION, THE COURT SHALL REQUIRE THE RESPONDENT  TO  INFORM  THE
COURT  OF  ALL  FIREARMS, RIFLES, SHOTGUNS, ASSAULT WEAPONS, OR ELIGIBLE
WEAPONS HE OR SHE OWNS OR POSSESSES.  ANY ORDER TO SURRENDER ONE OR MORE
FIREARMS, RIFLES, SHOTGUNS, ASSAULT WEAPONS, OR ELIGIBLE  WEAPONS  SHALL
SPECIFY  A  DATE AND TIME BY WHICH THE SURRENDER SHALL BE COMPLETED AND,
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14025-04-4

A. 9490                             2

TO THE EXTENT POSSIBLE, SHALL DESCRIBE SUCH FIREARMS, RIFLES,  SHOTGUNS,
ASSAULT  WEAPONS, OR ELIGIBLE WEAPONS TO BE SURRENDERED AND SHALL DIRECT
THE AUTHORITY RECEIVING SUCH  SURRENDERED  FIREARMS,  RIFLES,  SHOTGUNS,
ASSAULT  WEAPONS, OR ELIGIBLE WEAPONS TO IMMEDIATELY NOTIFY THE COURT OF
SUCH SURRENDER.
  (B) THE PROMPT SURRENDER OF ONE OR MORE  FIREARMS,  RIFLES,  SHOTGUNS,
ASSAULT  WEAPONS,  OR  ELIGIBLE WEAPONS PURSUANT TO A COURT ORDER ISSUED
PURSUANT TO THIS SECTION SHALL BE CONSIDERED A VOLUNTARY  SURRENDER  FOR
PURPOSES  OF  SUBPARAGRAPH  (F)  OF  PARAGRAPH  ONE  OF SUBDIVISION A OF
SECTION 265.20 OF THIS CHAPTER. THE DISPOSITION OF  ANY  SUCH  FIREARMS,
RIFLES,  SHOTGUNS,  ASSAULT  WEAPONS,  OR  ELIGIBLE  WEAPONS SHALL BE IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION  400.05  OF
THIS CHAPTER.
  (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
DIRECT  THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
OR OTHER  FIREARMS,  ASSAULT  WEAPONS,  OR  ELIGIBLE  WEAPONS  OWNED  OR
POSSESSED BY A RESPONDENT PURSUANT TO THIS CHAPTER.
  4.  (A)  THE COURT ORDERING THE SURRENDER OF ANY FIREARM, RIFLE, SHOT-
GUN, ASSAULT WEAPON, OR ELIGIBLE WEAPON  AS  PROVIDED  IN  THIS  SECTION
SHALL  IMMEDIATELY NOTIFY THE DULY CONSTITUTED POLICE AUTHORITIES OF THE
LOCALITY OF SUCH ACTION AND THE DIVISION OF STATE POLICE AT  ITS  OFFICE
IN THE CITY OF ALBANY.
  (B)  WHERE  AN  ORDER  OF  SURRENDER IS MODIFIED OR VACATED, THE COURT
SHALL IMMEDIATELY NOTIFY THE DULY CONSTITUTED POLICE AUTHORITIES OF  THE
LOCALITY  CONCERNING  SUCH  ACTION AND SHALL GIVE WRITTEN NOTICE THEREOF
WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE POLICE AT ITS  OFFICE
IN THE CITY OF ALBANY.
  5.  THE  RESPONDENT SHALL HAVE THE RIGHT TO A HEARING BEFORE THE COURT
REGARDING ANY SURRENDER ORDER ISSUED PURSUANT TO THIS SECTION,  PROVIDED
THAT  NOTHING  IN THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING
ANY SUCH ORDER PRIOR TO A HEARING. WHERE THE COURT HAS  ISSUED  SUCH  AN
ORDER PRIOR TO A HEARING, IT SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN
DAYS OF THE DATE SUCH ORDER WAS ISSUED.
  S  2.  Paragraph  (c) of subdivision 11 of section 400.00 of the penal
law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
follows:
  (c)  In  any  instance  in  which  a  person's license is suspended or
revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
shall  surrender  such license to the appropriate licensing official and
any and all firearms, rifles, [or]  shotguns,  ANTIQUE  FIREARMS,  BLACK
POWDER RIFLES, BLACK POWDER SHOTGUNS, MUZZLE-LOADING FIREARMS, OR ELIGI-
BLE  WEAPONS  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 60.12-A OF THIS
CHAPTER, owned or possessed by such person shall be  surrendered  to  an
appropriate  law  enforcement  agency as provided in subparagraph (f) of
paragraph one of subdivision a of section 265.20 of this chapter. In the
event such license, firearm, shotgun, [or] rifle, ANTIQUE FIREARM, BLACK
POWDER RIFLE, BLACK POWDER SHOTGUN, MUZZLE-LOADING FIREARM, OR  ELIGIBLE
WEAPON  is  not  surrendered, such items shall be removed and declared a
nuisance and any police officer or peace officer acting pursuant to  his
or her special duties is authorized to remove any and all such weapons.
  S  3.  This  act  shall  take  effect  immediately  and shall apply to
convictions on or after such effective date as well as  to  charges  for
such  offenses pending on such effective date for which sentence had not
yet been imposed.