senate Bill S7443

2015-2016 Legislative Session

Establishes the safe homes act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2016 referred to codes

S7443 (ACTIVE) - Details

See Assembly Version of this Bill:
A249
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง140.10, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6746
2013-2014: A3516
2017-2018: S67, A1224
2019-2020: S446, A625

S7443 (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.

S7443 (ACTIVE) - Sponsor Memo

S7443 (ACTIVE) - Bill Text download pdf

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

                                  7443

                            I N  S E N A T E

                               May 2, 2016
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00423-01-5

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