Assembly Bill A9515

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

                                  9515

                          I N  A S S E M B L Y

                               May 6, 2014
                               ___________

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

AN  ACT  to  amend  the  penal  law,  in relation to orders to surrender
  subject 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,  "SUBJECT WEAPON" MEANS A "BLACK
POWDER RIFLE," "BLACK POWDER SHOTGUN," OR ANY "MUZZLE-LOADING  FIREARM,"
OR AN "ANTIQUE FIREARM."
  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 SUBJECT 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 SUBJECT WEAPONS HE OR SHE OWNS OR POSSESSES.  ANY ORDER TO
SURRENDER ONE OR MORE SUBJECT WEAPONS SHALL SPECIFY A DATE AND  TIME  BY
WHICH  THE  SURRENDER  SHALL  BE  COMPLETED AND, TO THE EXTENT POSSIBLE,

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

                                                           LBD14921-02-4

A. 9515                             2

SHALL DESCRIBE SUCH SUBJECT WEAPONS TO BE SURRENDERED AND  SHALL  DIRECT
THE  AUTHORITY RECEIVING SUCH SURRENDERED SUBJECT WEAPONS TO IMMEDIATELY
NOTIFY THE COURT OF SUCH SURRENDER.
  (B)  THE PROMPT SURRENDER OF ONE OR MORE SUBJECT WEAPONS PURSUANT TO A
COURT ORDER ISSUED PURSUANT TO THIS SECTION SHALL BE CONSIDERED A VOLUN-
TARY SURRENDER FOR PURPOSES OF SUBPARAGRAPH  (F)  OF  PARAGRAPH  ONE  OF
SUBDIVISION  A OF SECTION 265.20 OF THIS CHAPTER. THE DISPOSITION OF ANY
SUCH SUBJECT 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,
OTHER  FIREARMS,  OR  SUBJECT WEAPONS OWNED OR POSSESSED BY A RESPONDENT
PURSUANT TO THIS CHAPTER.
  4. (A) THE COURT ORDERING THE  SURRENDER  OF  ANY  SUBJECT  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.  Subdivision 4 of section 265.01 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  (4) He possesses a FIREARM, rifle,  shotgun,  antique  firearm,  black
powder  rifle,  black powder shotgun, or any muzzle-loading firearm, and
has been convicted of a felony or serious  offense  OR  AN  OFFENSE  SET
FORTH IN SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW IN WHICH THE COURT
MAKES  A SPECIFIC WRITTEN DETERMINATION THAT THE DEFENDANT IS RELATED OR
SITUATED TO THE VICTIM OF THE CRIME IN THE MANNER SPECIFIED IN 18 U.S.C.
921(A)(33)(A)(II) AS PROVIDED IN SECTION 370.15 OF THE  CRIMINAL  PROCE-
DURE LAW; or
  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.