Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2018 |
referred to codes |
May 09, 2017 |
referred to codes |
Senate Bill S5963
2017-2018 Legislative Session
Sponsored By
(D, IP) 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
co-Sponsors
(D) Senate District
(D) Senate District
(D) 27th Senate District
2017-S5963 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §370.15, CP L
2017-S5963 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5963 TITLE OF BILL : An act to amend the criminal procedure law, in relation to orders to surrender eligible weapons PURPOSE : To require the immediate surrender of any firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms and antique firearms that are owned or possessed by a person upon his or her conviction of offenses determined to be misdemeanor crimes of domestic violence. SUMMARY OF PROVISIONS : Section 1 amends section 370.15 of the criminal procedure law by adding three new subdivisions 4, 5 and 6. Subdivision 4 requires the court to order the immediate surrender of any firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms and antique firearms owned or possessed upon judgment of conviction and determination of the defendant to be related or situated to the victim as set forth in this section 370.15. The subdivision requires the court to require the respondent to inform the court of all firearms, rifles, shotguns, black powder rifles, black
2017-S5963 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5963 2017-2018 Regular Sessions I N S E N A T E May 9, 2017 ___________ Introduced by Sen. SAVINO -- 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 orders to surrender eligible weapons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 370.15 of the criminal procedure law is amended by adding three new subdivisions 4, 5 and 6 to read as follows: 4. UPON JUDGMENT OF CONVICTION AND DETERMINATION OF THE DEFENDANT TO BE RELATED OR SITUATED TO THE VICTIM AS SET FORTH IN THIS SECTION, THE COURT SHALL REQUIRE THE RESPONDENT TO INFORM THE COURT OF ALL FIREARMS, RIFLES, SHOTGUNS, BLACK POWDER RIFLES, BLACK POWDER SHOTGUNS, MUZZLE- LOADING FIREARMS OR ANTIQUE FIREARMS HE OR SHE OWNS OR POSSESSES. THE COURT SHALL ORDER THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THE PENAL LAW AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW, OF ANY OR ALL FIREARMS, RIFLES, SHOTGUNS, BLACK POWDER RIFLES, BLACK POWDER SHOTGUNS, MUZZLE-LOADING FIREARMS OR ANTIQUE FIREARMS OWNED OR POSSESSED BY THE DEFENDANT. 5. THE COURT ORDERING THE SURRENDER OF ANY FIREARM, RIFLE, SHOTGUN, BLACK POWDER RIFLE, BLACK POWDER SHOTGUN, MUZZLE-LOADING FIREARM OR ANTIQUE FIREARM AS PROVIDED IN THIS SECTION SHALL IMMEDIATELY NOTIFY THE DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY OF SUCH ACTION AND THE DIVISION OF STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY. THE COURT SHALL DIRECT THE AUTHORITY RECEIVING SUCH SURRENDERED FIREARMS, RIFLES, SHOTGUNS, BLACK POWDER RIFLES, BLACK POWDER SHOTGUNS, MUZZLE- LOADING FIREARMS OR ANTIQUE FIREARMS TO IMMEDIATELY NOTIFY THE COURT OF SUCH SURRENDER. 6. (A) THE DISPOSITION OF ANY FIREARMS, RIFLES, SHOTGUNS, BLACK POWDER RIFLES, BLACK POWDER SHOTGUNS, MUZZLE-LOADING FIREARMS OR ANTIQUE FIREARMS SURRENDERED PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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