senate Bill S4067

2019-2020 Legislative Session

Establishes the safe homes act

download bill text pdf

Sponsored By

Current Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2019 recommit, enacting clause stricken
Feb 27, 2019 referred to codes

S4067 (ACTIVE) - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in 2017-2018 Legislative Session:
S2182

S4067 (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.

S4067 (ACTIVE) - Sponsor Memo

S4067 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4067

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 27, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- 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.

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