NY State Senate Bill 2017-S2182

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 12, 2017	referred to codes

2017-S2182 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §140.10, CP L
Versions Introduced in 2019-2020 Legislative Session:: S4067

2017-S2182 (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.

2017-S2182 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2182

 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.

 JUSTIFICATION :

Domestic violence incidents are emotionally charged and highly
volatile. Having a gun in the household increases the risk of a
domestic violence incident turning deadly. Separating alleged
offenders from firearms is an important step in safeguarding family
members and responding law enforcement officers.

Currently New York State does not require law enforcement officers to
remove firearms from the scene of a domestic violence incident, even
if an arrest is made. The New York City Police Department has an
internal policy, but it is not clear whether the requirement for
officers to remove a firearm is triggered by an arrest or by the
officer's own judgment of whether the incident involved physical
force; the policy is also unclear on whether firearms or licenses held
by the victim should also be removed.

Many other states have adopted laws similar to this legislation,
including California, Illinois, Montana, West Virginia, Nebraska, New
Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah,
Alaska, Arizona, Connecticut, Hawaii, Indiana and Maryland. It is time
that New. York State adopts a statewide, uniform standard for removing
guns from domestic violence perpetrators until a court determines that
it is safe for the gun to be returned.

 LEGISLATIVE HISTORY :

S.7443 of 2016 (Espaillat): Died in Codes
A.249 of 2015-2016 (Rozic):  Died in Codes
A.3516-A of 2013-2014 (Rozic): Died in Codes
S.6630 of 2012 (Klein): Died in Codes
A.6746-A of 2011-2012 (Lancman): Died in Codes

 FISCAL IMPACT ON THE STATE :

None.

 EFFECTIVE DATE :
The act shall take effect immediately.

2017-S2182 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2182
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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".
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07262-01-7

 S. 2182                             2
 
 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.
   § 3. This act shall take effect immediately.

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Senate Bill S2182

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S2182 (ACTIVE) - Details

2017-S2182 (ACTIVE) - Summary

2017-S2182 (ACTIVE) - Sponsor Memo

2017-S2182 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2182

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S2182 (ACTIVE) - Details

2017-S2182 (ACTIVE) - Summary

2017-S2182 (ACTIVE) - Sponsor Memo

2017-S2182 (ACTIVE) - Bill Text download pdf

Comments