|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 02, 2016||referred to codes|
senate Bill S7443
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7443 (ACTIVE) - Details
S7443 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7443 TITLE OF BILL : An act to amend the criminal procedure law, in relation to establishing the safe homes act PURPOSE : To keep homes safe from the deadly combination of guns and domestic violence. SUMMARY OF PROVISIONS : Section I titles the bill. Section II amends section 140.10 of the criminal procedure law by adding a new subdivision 6 requiring law enforcement officers responding to a report of domestic violence to (1) determine whether there are firearms present at the scene of the incident, and (2) in the event of an arrest, remove such firearms and any relevant licenses to obtain firearms which are owned or possessed by the person being arrested until the court responsible for adjudicating the offense authorizes their release. Section III sets forth the effective date.
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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