The New York State Senate

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

                                   249

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ROZIC, ABINANTI, ARROYO, COOK, GOTTFRIED, JAFFEE,
  KAVANAGH,  MILLER,  MOSLEY,  O'DONNELL, PAULIN, PICHARDO, SCARBOROUGH,
  WRIGHT -- Multi-Sponsored by  --  M.  of  A.  GLICK,  MARKEY,  RIVERA,
  ROBERTS, SEPULVEDA -- 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)  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.

                                                           LBD00423-01-5

A. 249                              2

PERSON  IN  POSSESSION  OF  SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING
SUCH WEAPONS OR LICENSE AND  INDICATING  ANY  IDENTIFICATION  OR  SERIAL
NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS OR
LICENSE  CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY PROVIDED
IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION  THAT  IS
UTILIZED  IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY POSSESSED,
OR THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO  OR
SUBDIVISION  THREE  OF  SECTION  EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY
COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED  OF  IN  THE  MANNER
DESCRIBED  IN  SUBDIVISION  TWO  OR  RETAINED AS PROVIDED IN SUBDIVISION
THREE OF SECTION 400.05 OF THE PENAL LAW.
  (D) NOT LESS THAN ONE HUNDRED TWENTY HOURS OR, IN  THE  EVENT  THAT  A
SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH PERIOD, ONE HUNDRED
FORTY-FOUR  HOURS AFTER A WEAPON, OTHER THAN A WEAPON DESCRIBED IN PARA-
GRAPH (C) OF THIS  SUBDIVISION,  IS  TAKEN  INTO  TEMPORARY  CUSTODY  AS
PROVIDED  IN  PARAGRAPH (A) OF THIS SUBDIVISION, THE OWNER OR PERSON WHO
WAS IN LAWFUL POSSESSION OF SUCH WEAPON SHALL HAVE THE RIGHT TO  ARRANGE
FOR  THE  SALE  OR TRANSFER OF SUCH WEAPON TO A DEALER, OR TO HIMSELF OR
HERSELF, IN THE MANNER PROVIDED IN SUBDIVISION SIX OF SECTION 400.05  OF
THE PENAL LAW.
  S 3. This act shall take effect immediately.