Assembly Bill A8102A

Signed By Governor
2021-2022 Legislative Session

Requires the court to order the search for and immediate seizure of certain firearms when a defendant willfully refuses to surrender such firearms

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6363 - Signed by Governor

  • 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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co-Sponsors

2021-A8102 - Details

See Senate Version of this Bill:
S6363
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-A8102 - Summary

Requires the court to order the search for and immediate seizure of firearms, rifles, or shotguns when a defendant willfully refuses to surrender such firearms, rifles or shotguns.

2021-A8102 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8102
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law and the family court act,  in
   relation  to requiring the court to order the search for and immediate
   seizure of certain firearms when  a  defendant  willfully  refuses  to
   surrender such firearms

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of  section  530.14  of  the
 criminal procedure law, as added by section 3 of part M of chapter 55 of
 the laws of 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of this subdivision, or for other good cause shown, order the imme-
 diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty of this part, consistent with such rights as the defendant may derive
 from  this  article  or  the  constitution  of  this state or the United
 States.
   § 2. Paragraph (c) of subdivision 2 of section 530.14 of the  criminal
 procedure law, as added by section 4 of part M of chapter 55 of the laws
 of 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of this subdivision, or for other good cause shown, order the imme-
 diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty of this part, consistent with such rights as the defendant may derive
 from  this  article  or  the  constitution  of  this state or the United
 States.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10465-01-1

co-Sponsors

2021-A8102A (ACTIVE) - Details

See Senate Version of this Bill:
S6363
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-A8102A (ACTIVE) - Summary

Requires the court to order the search for and immediate seizure of firearms, rifles, or shotguns when a defendant willfully refuses to surrender such firearms, rifles or shotguns.

2021-A8102A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8102--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. CLARK, SEAWRIGHT -- read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to requiring the court to order the search for and  immediate
   seizure  of  certain  firearms  when  a defendant willfully refuses to
   surrender such firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of subdivision 1 of section 530.14 of the
 criminal procedure law, as added by section 3 of part M of chapter 55 of
 the laws of 2020, is amended to read as follows:
   (c) the court [may] SHALL where the  defendant  willfully  refuses  to
 surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
 (b) of this subdivision, or MAY for other good cause  shown,  order  the
 immediate  seizure  of such firearm, rifle or shotgun, and search there-
 for, pursuant to an order issued in accordance with article six  hundred
 ninety  of  this  part, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   § 2. Paragraph (c) of subdivision 2 of section 530.14 of the  criminal
 procedure law, as added by section 4 of part M of chapter 55 of the laws
 of 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of  this  subdivision, or MAY for other good cause shown, order the
 immediate seizure of such firearm, rifle or shotgun, and  search  there-
 for,  pursuant to an order issued in accordance with article six hundred
 ninety of this part, consistent with such rights as  the  defendant  may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10465-02-2

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