senate Bill S34

2013-2014 Legislative Session

Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection to inquire as to the possession of a firearm

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2013 recommit, enacting clause stricken
Jan 09, 2013 referred to codes

Co-Sponsors

S34 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.14, CP L; amd §842-a, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1003A
2009-2010: S1647A

S34 - Summary

Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection, to inquire as to the ownership of a firearm by the defendant or respondent.

S34 - Sponsor Memo

S34 - Bill Text download pdf

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

                                   34

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation to orders of protection

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

  Section 1. The opening paragraph of subdivision 1 of section 530.14 of
the criminal procedure law, as added by chapter 644 of the laws of 1996,
is amended to read as follows:
  Mandatory and permissive suspension of firearms license  and  ineligi-
bility   for  such  a  license  upon  issuance  of  temporary  order  of
protection.  Whenever a temporary order of protection is issued pursuant
to subdivision one of section  530.12  or  subdivision  one  of  section
530.13  of  this  article THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO
THE EXISTENCE AND LOCATION OF ANY FIREARM  OWNED  OR  POSSESSED  BY  THE
DEFENDANT AND:
  S  2.  The opening paragraph of subdivision 2 of section 530.14 of the
criminal procedure law, as added by chapter 644 of the laws of 1996,  is
amended to read as follows:
  Mandatory  and permissive revocation or suspension of firearms license
and ineligibility for such a  license  upon  issuance  of  an  order  of
protection. Whenever an order of protection is issued pursuant to subdi-
vision  five  of section 530.12 or subdivision four of section 530.13 of
this article THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO  THE  EXIST-
ENCE  AND  LOCATION  OF  ANY FIREARM OWNED OR POSSESSED BY THE DEFENDANT
AND:
  S 3. The opening paragraph of subdivision 3 of section 530.14  of  the
criminal  procedure  law, as amended by chapter 597 of the laws of 1998,
is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00350-01-3

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