Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 |
referred to codes |
Jun 21, 2017 |
committed to rules |
May 22, 2017 |
advanced to third reading |
May 17, 2017 |
2nd report cal. |
May 16, 2017 |
1st report cal.1035 |
Apr 17, 2017 |
referred to codes |
Senate Bill S5577
2017-2018 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
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
Actions
Votes
2017-S5577 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §530.14, CP L
2017-S5577 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5577 REVISED MEMO 01/24/2018 SPONSOR: LANZA TITLE OF BILL: An act to amend the criminal procedure law, in relation to procedures for the return of firearms voluntarily surren- dered in connection with an order of protection This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Criminal Law and Procedure. This measure would amend section 530.14 of the Criminal Procedure Law to provide a procedure for the return of firearms voluntarily surrendered in connection with the issuance of an order of protection after the order of protection has terminated. While a court has the authority to order the surrender of weapons in connection with the issuance of an order of protection (see CPL 530.14; FCA 842-a), there is no statute authorizing a court to order law enforcement to restore the weapons after the reason for the surrender has ended. Law enforcement officials who were ordered by a court to take possession of the weapons are reluc- tant to release the weapons back to the owner unless the owner presents them with another court order authorizing the release. However, under current law, the court that issued the order often has no jurisdiction
2017-S5577 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5577 2017-2018 Regular Sessions I N S E N A T E April 17, 2017 ___________ Introduced by Sen. LANZA -- (at request of the Office of Court Adminis- tration) -- 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 procedures for the return of firearms voluntarily surrendered in connection with an order of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 5 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: (b) The prompt surrender of one or more firearms pursuant to a court order issued pursuant to this section shall be considered a voluntary surrender for purposes of subparagraph (f) of paragraph one of subdivi- sion a of section 265.20 of the penal law. The disposition of any such firearms shall be in accordance with the provisions of subdivision six of section 400.05 of the penal law; PROVIDED, HOWEVER, THAT UPON TERMI- NATION OF ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION OR SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, AND UPON WRITTEN APPLICATION OF THE SUBJECT OF THE ORDER, WITH NOTICE AND OPPOR- TUNITY TO BE HEARD TO THE DISTRICT ATTORNEY, THE COUNTY ATTORNEY, THE PROTECTED PARTY AND ANY LICENSING OFFICER RESPONSIBLE FOR ISSUANCE OF A FIREARMS LICENSE TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED OF THE PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE SUBJECT'S POSSESSION OF A SURRENDERED FIREARM, ANY COURT OF RECORD EXERCISING CRIMINAL JURISDICTION MAY ORDER THE RETURN OF A FIREARM NOT OTHERWISE DISPOSED IN ACCORDANCE WITH SUBDIVI- SION SIX OF SECTION 400.05 OF THE PENAL LAW. WHEN ISSUING SUCH ORDER IN CONNECTION WITH ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT UNDER ARTI- CLE FOUR HUNDRED OF THE PENAL LAW, UNLESS THE LICENSING AUTHORITY CONSENTS TO A SHORTER PERIOD, THE ORDER MUST BE STAYED FOR NINETY DAYS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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