Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 12, 2018 |
signed chap.60 |
Apr 02, 2018 |
delivered to governor |
Mar 30, 2018 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.25 substituted for a10272 referred to codes delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.741 referred to rules |
Senate Bill S8121
Signed By Governor2017-2018 Legislative Session
relates to the possession of weapons by domestic violence offenders
download bill text pdfSponsored By
(R) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 30, 2018
aye (40)- Addabbo Jr.
- Alcantara
- Avella
- Bailey
- Benjamin
- Breslin
- Brooks
- Carlucci
- Comrie
- Dilan
- Felder
- Flanagan
- Gianaris
- Golden
- Hamilton
- Hannon
- Hoylman-Sigal
- Jacobs
- Kaminsky
- Kavanagh
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Little
- Marcellino
- Montgomery
- Murphy
- Parker
- Peralta
- Persaud
- Phillips
- Rivera
- Robach
- Sanders Jr.
- Savino
- Stavisky
- Stewart-Cousins
- Valesky
nay (19)absent (1)excused (1)
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Mar 30, 2018 - Rules Committee Vote
S812120Aye0Nay5Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Mar 30, 2018
aye (20)aye wr (5)
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2017-S8121 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10272
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§265.00 & 400.00, Pen L; rpld §§370.15 & 380.97, add §§370.15, 380.97 & 370.25, amd §530.14, CP L; amd §842-a, Fam Ct Act
2017-S8121 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8121 SPONSOR: PHILLIPS TITLE OF BILL: An act to amend the penal law, the criminal procedure law and the family court act, in relation to the possession of weapons by domestic violence offenders; and to repeal certain provisions of the criminal procedure law relating thereto PURPOSE OF THE BILL: The purpose of this bill is to ensure that domestic violence offenders do not have access to firearms. SUMMARY OF PROVISIONS: Section 1 of the bill would amend the penal law to include additional offenses, the conviction of which results in the loss of ability to possess a firearm.
Section 2 of the bill would amend the penal law to establish a procedure for determining whether certain misdemeanor crimes are serious offenses under the penal law. Section 3 of the bill would amend the penal law to establish that notification be made to the Division of Criminal Justice Services upon conviction of certain misdemeanor offenses. Section 4 of the bill would make conforming changes to the criminal procedure law to align with existing federal law. Further this section would amend the criminal procedure law to provide a process for the return of firearms upon the termination of a matter in a defendant's favor. Section 5 of the bill would make conforming changes to the family court act to align with existing federal law. Section 6 of the bill would amend the penal law to prohibit a licensing authority from issuing a new permit or renewing a permit for an individ- ual with an outstanding felony or serious arrest warrant. Section 7 of the bill would establish a procedure for the surrender of firearms, rifles and shotguns upon a judgement of conviction of a felony or serious offense. Section 8 of the bill provides for the effective date. STATEMENT IN SUPPORT: Under Governor Cuomo's leadership. New York has passed the strongest gun control laws in the nation. However, New York does not have sufficient laws in place that ensure the removal of all types of firearms from individuals involved in domestic violence-an issue we know is closely tied to gun violence and gun violence deaths. In nine of the ten deadli- est mass shootings in United States history, including Las Vegas and Sutherland Springs, the shooter had an existing record of committing violence against women, threatening violence against women, or harassing or disparaging women. In addition, when an abusive partner is permitted to access firearms, the risk that the other partner will be killed increases fivefold. In 2016, firearms were used in 25 domestic homicides in New York. New York law prohibits the possession of firearms for individuals convicted of felony or "serious" offenses. However, this excludes certain misdemeanor offenses involving domestic violence. To ensure that all domestic violence offenders are held to the same standard, the bill will include additional domestic violence misdemeanors on the list of prohibited offenses. Further, the bill would require long guns to be surrendered to law enforcement upon a finding by the court in matters involving orders of protection and in cases where there is a conviction of a serious offense. Currently, New York State requires surrender of hand guns for either (1) an order of protection issued by a judge or (2) a firearm license suspension/revocation due to a felony or "serious" offense conviction or a mental health disqualification by a health professional. However, this surrender does not always apply to long guns, such as rifles and shotguns. To correct this loophole, this bill would apply the same surrender procedures to long guns. BUDGET IMPLICATIONS: There is no fiscal connected to this bill. EFFECTIVE DATE: This act shall take effect 60 days after it shall become law.
2017-S8121 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8121 I N S E N A T E March 30, 2018 ___________ Introduced by Sen. PHILLIPS -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, the criminal procedure law and the family court act, in relation to the possession of weapons by domestic violence offenders; and to repeal certain provisions of the criminal procedure law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 17 of section 265.00 of the penal law is amended by adding a new paragraph (c) to read as follows: (C) ANY OF THE FOLLOWING OFFENSES, WHERE THE DEFENDANT AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW AND AS ESTABLISHED PURSUANT TO SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW: ASSAULT IN THE THIRD DEGREE; MENACING IN THE THIRD DEGREE; MENACING IN THE SECOND DEGREE; CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION; UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE; COERCION IN THE THIRD DEGREE; CRIMINAL TAMPERING IN THE THIRD DEGREE; CRIMINAL CONTEMPT IN THE SECOND DEGREE; HARASSMENT IN THE FIRST DEGREE; AGGRAVATED HARASSMENT IN THE SECOND DEGREE; CRIMINAL TRESPASS IN THE THIRD DEGREE; CRIMINAL TRESPASS IN THE SECOND DEGREE; ARSON IN THE FIFTH DEGREE; OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES. § 2. Section 370.15 of the criminal procedure law is REPEALED and a new section 370.15 is added to read as follows: § 370.15 PROCEDURE FOR DETERMINING WHETHER CERTAIN MISDEMEANOR CRIMES ARE SERIOUS OFFENSES UNDER THE PENAL LAW. 1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE, MENACING IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE, COERCION IN THE THIRD DEGREE, CRIMINAL TAMPERING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, AGGRAVATED HARASSMENT IN THE SECOND DEGREE, CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMINAL TRESPASS IN THE SECOND DEGREE, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12054-02-8 S. 8121 2 ARSON IN THE FIFTH DEGREE, OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES, THE PEOPLE MAY, AT ARRAIGNMENT OR NO LATER THAN FORTY-FIVE DAYS AFTER ARRAIGNMENT, SERVE ON THE DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE DEFENDANT AND THE PERSON ALLEGED TO BE THE VICTIM OF SUCH CRIME WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER. 2. SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE VICTIM OF SUCH CRIME AND SHALL SPECIFY THE NATURE OF THE ALLEGED RELATIONSHIP AS SET FORTH IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER. UPON CONVICTION OF SUCH OFFENSE, THE COURT SHALL ADVISE THE DEFENDANT THAT HE OR SHE IS ENTITLED TO A HEARING SOLELY ON THE ALLEGA- TION CONTAINED IN THE NOTICE AND, IF NECESSARY, AN ADJOURNMENT OF THE SENTENCING PROCEEDING IN ORDER TO PREPARE FOR SUCH HEARING, AND THAT IF SUCH ALLEGATION IS SUSTAINED, THAT DETERMINATION AND CONVICTION WILL BE REPORTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. 3. AFTER HAVING BEEN ADVISED BY THE COURT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE RECORD OR IN WRITING, THAT HE OR SHE IS RELATED OR SITUATED TO THE VICTIM OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF THIS SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL BE DEEMED ESTABLISHED. IF THE DEFENDANT DENIES THAT HE OR SHE IS RELATED OR SITUATED TO THE VICTIM OF THE CRIME AS ALLEGED IN THE NOTICE SERVED BY THE PEOPLE, OR STANDS MUTE WITH RESPECT TO SUCH ALLEGATION, THEN THE PEOPLE SHALL BEAR THE BURDEN TO PROVE BEYOND A REASONABLE DOUBT THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM IN THE MANNER ALLEGED IN THE NOTICE. THE COURT MAY CONSIDER RELIABLE HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT TO THE DETERMINATION OF THE ALLEGA- TION. FACTS PREVIOUSLY PROVEN AT TRIAL OR ELICITED AT THE TIME OF ENTRY OF A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BEYOND A REASONABLE DOUBT AND SHALL NOT BE RELITIGATED. AT THE CONCLUSION OF THE HEARING, OR UPON SUCH A STIPULATION OR ADMISSION, AS APPLICABLE, THE COURT SHALL MAKE A SPECIFIC WRITTEN DETERMINATION WITH RESPECT TO SUCH ALLEGATION. § 3. Section 380.97 of the criminal procedure law is REPEALED and a new section 380.97 is added to read as follows: § 380.97 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF CERTAIN MISDEMEANOR CONVICTIONS. UPON JUDGMENT OF CONVICTION OF ASSAULT IN THE THIRD DEGREE, MENACING IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE, COERCION IN THE THIRD DEGREE, CRIMINAL TAMPERING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE, CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMINAL TRESPASS IN THE SECOND DEGREE, ARSON IN THE FIFTH DEGREE, OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES, WHEN THE DEFENDANT AND VICTIM HAVE BEEN DETERMINED, PURSUANT TO SECTION 370.15 OF THIS PART, TO BE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, THE CLERK OF THE COURT SHALL INCLUDE NOTIFICATION AND A COPY OF THE WRITTEN DETER- MINATION IN A REPORT OF SUCH CONVICTION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES TO ENABLE THE DIVISION TO REPORT SUCH DETERMINATION TO THE FEDERAL BUREAU OF INVESTIGATION AND ASSIST THE BUREAU IN IDENTIFYING PERSONS PROHIBITED FROM PURCHASING AND POSSESSING A FIREARM OR OTHER WEAPON DUE TO CONVICTION OF AN OFFENSE SPECIFIED IN PARAGRAPH C OF SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW. § 4. Section 530.14 of the criminal procedure law, as added by chapter 644 of the laws of 1996, the opening paragraph of subdivision 1, para- S. 8121 3 graph (b) of subdivision 1, the opening paragraph of subdivision 2, paragraph (b) of subdivision 2, the opening paragraph of subdivision 3 and paragraph (b) of subdivision 3 as amended by chapter 1 of the laws of 2013, paragraph (a) of subdivision 1 as amended by chapter 434 of the laws of 2000, clause (A) of subparagraph (ii) of paragraph (a) of subdi- vision 1 and subparagraph (i) of paragraph (a) of subdivision 3 as amended by chapter 198 of the laws of 2007, and paragraph (a) of subdi- vision 3 as amended by chapter 635 of the laws of 1999, is amended to read as follows: § 530.14 Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms. 1. Suspension of firearms license and ineligibility for such a license upon issuance of temporary order of protection. Whenever a temporary order of protection is issued pursuant to subdivision one of section 530.12 or subdivision one of section 530.13 of this article: (a) the court shall suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, RIFLES AND SHOTGUNS owned or possessed where the court receives information that gives the court good cause to believe that (i) the defendant has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the defendant has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the defendant has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; and (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed. 2. Revocation or suspension of firearms license and ineligibility for such a license upon issuance of an order of protection. Whenever an order of protection is issued pursuant to subdivision five of section 530.12 or subdivision four of section 530.13 of this article: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, RIFLES AND SHOTGUNS owned or possessed where such action is required by section 400.00 of the penal law; and (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, RIFLES OR SHOTGUNS S. 8121 4 unlawfully against the person or persons for whose protection the order of protection is issued, (i) revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, RIFLES AND SHOT- GUNS owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the defendant, order the defendant ineli- gible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed. 3. Revocation or suspension of firearms license and ineligibility for such a license upon a finding of a willful failure to obey an order of protection. Whenever a defendant has been found pursuant to subdivision eleven of section 530.12 or subdivision eight of section 530.13 of this article to have willfully failed to obey an order of protection issued by a court of competent jurisdiction in this state or another state, territorial or tribal jurisdiction, in addition to any other remedies available pursuant to subdivision eleven of section 530.12 or subdivi- sion eight of section 530.13 of this article: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, RIFLES AND SHOTGUNS owned or possessed where the willful failure to obey such order involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; and (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed or (ii) suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed. 4. Suspension. Any suspension order issued pursuant to this section shall remain in effect for the duration of the temporary order of protection or order of protection, unless modified or vacated by the court. 5. Surrender. (a) Where an order to surrender one or more firearms, RIFLES AND SHOTGUNS has been issued, the temporary order of protection or order of protection shall specify the place where such [firearms] WEAPONS shall be surrendered, shall specify a date and time by which the S. 8121 5 surrender shall be completed and, to the extent possible, shall describe such [firearms] WEAPONS to be surrendered, and shall direct the authori- ty receiving such surrendered [firearms] WEAPONS to immediately notify the court of such surrender. (b) The prompt surrender of one or more firearms, RIFLES OR SHOTGUNS 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 subdivision a of section 265.20 of the penal law. The disposition of any such [firearms] WEAPONS shall be in accordance with the provisions of subdivision six of section 400.05 of the penal law; PROVIDED, HOWEVER, THAT UPON TERMINATION OF ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION OR SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, UPON WRITTEN APPLICATION OF THE SUBJECT OF THE ORDER, WITH NOTICE AND OPPORTUNITY TO BE HEARD TO THE DISTRICT ATTORNEY, THE COUNTY ATTORNEY, THE PROTECTED PARTY, AND EVERY 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, RIFLE OR SHOTGUN, ANY COURT OF RECORD EXERCISING CRIMINAL JURISDICTION MAY ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW. WHEN ISSUING SUCH ORDER IN CONNECTION WITH ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT UNDER ARTICLE FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER INFORMS THE COURT THAT HE OR SHE WILL SEEK TO REVOKE THE LICENSE, THE ORDER SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCATION PROCEEDING. (c) The provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all firearms, rifles and shotguns owned or possessed by a defendant pursuant to sections 530.12 or 530.13 of this article. 6. Notice. (a) Where an order [of] REQUIRING SURRENDER, revocation, suspension or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the defendant is ineligible for such license, as the case may be, AND THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY FIREARM, RIFLE OR SHOTGUN. (b) The court revoking or suspending the license, ordering the defend- ant ineligible for such a license, or ordering the surrender of any firearm, RIFLE OR SHOTGUN shall immediately notify the duly constituted police authorities of the locality concerning such action and, in the case of orders of protection and temporary orders of protection issued pursuant to section 530.12 of this article, shall immediately notify the statewide registry of orders of protection. (c) The court revoking or suspending the license or ordering the defendant ineligible for such a license shall give written notice there- of without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility or surren- der is modified or vacated, the court shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. S. 8121 6 7. Hearing. The defendant shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility or surrender order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hear- ing, it shall commence such hearing within fourteen days of the date such order was issued. 8. Nothing in this section shall delay or otherwise interfere with the issuance of a temporary order of protection or the timely arraignment of a defendant in custody. § 5. Section 842-a of the family court act, as added by chapter 644 of the laws of 1996, subdivision 1, 2 and 3 as amended by chapter 1 of the laws of 2013, is amended to read as follows: § 842-a. Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms. 1. Suspension of firearms license and ineligibility for such a license upon the issuance of a temporary order of protection. Whenever a tempo- rary order of protection is issued pursuant to section eight hundred twenty-eight of this article, or pursuant to article four, five, six, seven or ten of this act: (a) the court shall suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed where the court receives information that gives the court good cause to believe that: (i) the respondent has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the respondent has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the respondent has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; and (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed. 2. Revocation or suspension of firearms license and ineligibility for such a license upon the issuance of an order of protection. Whenever an order of protection is issued pursuant to section eight hundred forty- S. 8121 7 one of this part, or pursuant to article four, five, six, seven or ten of this act: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed where the court finds that the conduct which resulted in the issuance of the order of protection involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; and (b) the court shall, where the court finds a substantial risk that the respondent may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw- fully against the person or persons for whose protection the order of protection is issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the respondent, order the respondent inel- igible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed. 3. Revocation or suspension of firearms license and ineligibility for such a license upon a finding of a willful failure to obey an order of protection or temporary order of protection. Whenever a respondent has been found, pursuant to section eight hundred forty-six-a of this part to have willfully failed to obey an order of protection or temporary order of protection issued pursuant to this act or the domestic relations law, or by this court or by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, in addition to any other remedies available pursuant to section eight hundred forty-six-a of this part: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed where the willful failure to obey such order involves (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; and S. 8121 8 (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, whether or not the respondent possesses such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, RIFLES AND SHOTGUNS owned or possessed or (ii) suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender of any or all firearms, RIFLES AND SHOT- GUNS owned or possessed. 4. Suspension. Any suspension order issued pursuant to this section shall remain in effect for the duration of the temporary order of protection or order of protection, unless modified or vacated by the court. 5. Surrender. (a) Where an order to surrender one or more firearms, RIFLES OR SHOTGUNS has been issued, the temporary order of protection or order of protection shall specify the place where such [firearms] WEAP- ONS shall be surrendered, shall specify a date and time by which the surrender shall be completed and, to the extent possible, shall describe such [firearms] WEAPONS to be surrendered and shall direct the authority receiving such surrendered [firearms] WEAPONS to immediately notify the court of such surrender. (b) The prompt surrender of one or more firearms, RIFLES OR SHOTGUNS pursuant to a court order issued pursuant this section shall be consid- ered a voluntary surrender for purposes of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law. The disposition of any such [firearms] WEAPONS shall be in accordance with the provisions of subdivision six of section 400.05 of the penal law; PROVIDED, HOWEVER THAT UPON THE TERMINATION OF ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION, ANY COURT OF RECORD EXERCISING CRIMINAL JURISDICTION MAY ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN PURSU- ANT TO PARAGRAPH B OF SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL PROCEDURE LAW. (c) The provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all pistols, revolvers, rifles, shotguns or other firearms owned or possessed by a respondent pursuant to this act. 6. Notice. (a) Where an order [of] REQUIRING SURRENDER, revocation, suspension or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the respondent is ineligible for such license, as the case may be, AND THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY FIREARMS, RIFLES OR SHOTGUNS. (b) The court revoking or suspending the license, ordering the respondent ineligible for such license, or ordering the surrender of any firearm, RIFLES OR SHOTGUNS shall immediately notify the statewide registry of orders of protection and the duly constituted police author- ities of the locality of such action. (c) The court revoking or suspending the license or ordering the defendant ineligible for such license shall give written notice thereof S. 8121 9 without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility, or surrender is modified or vacated, the court shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The respondent shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility or surren- der order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hear- ing, it shall commence such hearing within fourteen days of the date such order was issued. 8. Nothing in this section shall delay or otherwise interfere with the issuance of a temporary order of protection. § 6. Paragraph (c) of subdivision 1 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows: (c) who has not been convicted anywhere of a felony or a serious offense OR WHO IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE; § 7. The criminal procedure law is amended by adding a new section 370.25 to read as follows: § 370.25 PROCEDURE FOR THE SURRENDER OF FIREARMS, RIFLES AND SHOTGUNS UPON JUDGMENT OF CONVICTION FOR A FELONY OR A SERIOUS OFFENSE. 1. UPON JUDGMENT OF CONVICTION FOR A FELONY OR A SERIOUS OFFENSE, THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO THE EXISTENCE OF ALL FIREARMS, RIFLES AND SHOTGUNS 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 AND SHOTGUNS OWNED OR POSSESSED BY THE DEFENDANT. 2. THE COURT ORDERING THE SURRENDER OF ANY FIREARMS, RIFLES OR SHOT- GUNS 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 AND SHOTGUNS TO IMMEDIATELY NOTIFY THE COURT OF SUCH SURRENDER. 3. THE DISPOSITION OF ANY FIREARMS, RIFLES OR SHOTGUNS SURRENDERED PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW. 4. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO LIMIT, RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE COURT TO ORDER AND DIRECT THE SURRENDER OF ANY OR ALL FIREARMS, RIFLES AND SHOTGUNS OWNED OR POSSESSED BY A DEFENDANT PURSUANT TO ANY OTHER PROVISION OF LAW. § 8. This act shall take effect on the sixtieth day after it shall have become a law.
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