NY State Senate Bill S6363A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (23)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 18, 2022	signed chap.576 delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.203 substituted for a8102a
May 23, 2022	referred to codes delivered to assembly passed senate
May 02, 2022	amended on third reading 6363a
Feb 16, 2022	advanced to third reading
Feb 15, 2022	2nd report cal.
Feb 14, 2022	1st report cal.469
Jan 05, 2022	referred to codes returned to senate died in assembly
May 11, 2021	referred to codes delivered to assembly passed senate
May 05, 2021	advanced to third reading
May 04, 2021	2nd report cal.
May 03, 2021	1st report cal.867
Apr 26, 2021	referred to codes

Votes

view votes

May 23, 2022 - floor Vote

S6363A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 14, 2022 - Codes committee Vote

S6363

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 11, 2021 - floor Vote

S6363

floor

Aye

Nay

Absent

Excused

Abstained

May 3, 2021 - Codes committee Vote

S6363

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6363 - Details

See Assembly Version of this Bill:: A8102
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §842-a, Fam Ct Act

S6363 - 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.

S6363 - Sponsor Memo

 
BILL NUMBER: S6363

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE:

To require the court to order seizure of firearms, rifles, and shotguns
when a defendant willfully refuses to surrender them in defiance of a
court order issued in connection with an order of protection.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends paragraph (c) of subdivision 1 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such

firearms, rifles or shotguns despite an order by the court to do so.

Section 2. Amends paragraph (c) of subdivision 2 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 3. Amends paragraph (c) of subdivision 3 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 4. Amends paragraph (c) of subdivision 1 of section 842-a of the
family court act by requiring the court to seize firearms, rifles or
shotguns upon a respondent willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 5. Amends paragraph (c) of subdivision 2 of section 842-a of the
family court act by requiring the court to seize firearms, rifles or
shotguns upon a respondent willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 6. Amends paragraph (c) of subdivision 3 of section 842-a of the
family court act by requiring the court to seize firearms, rifles or
shotguns upon a respondent willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 7. Sets the effective date.

 
JUSTIFICATION:

Upon the issuance of an order of protection, the court must order
surrender of firearms by a defendant or respondent if there are certain
risk factors that suggest there would be safety concerns if the defend-
ant or respondent retained possession of them. However, in the case of a
willful refusal to abide by such a surrender order, court-ordered
seizure of the firearms is not required.

This bill ensures seizure of firearms possessed by persons subject to a
protective order when the judge has already determined that continued
possession poses a danger. Given that it will apply only upon a defend-
ant's or respondent's willful failure to obey a previous order to
surrender the firearm, this is a commonsense update to protect victims
in danger of future threats or violence involving firearms.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to orders of
protections issued on or after such date.

S6363 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6363
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed 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

 S. 6363                             2
 
   § 3. Paragraph (c) of subdivision 3 of section 530.14 of the  criminal
 procedure law, as added by section 5 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.
   § 4. Paragraph (c) of subdivision 1 of section  842-a  of  the  family
 court  act, as added by section 8 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 the criminal procedure law, consistent with  such  rights  as  the
 defendant may derive from this article or the constitution of this state
 or the United States.
   §  5.  Paragraph  (c)  of subdivision 2 of section 842-a of the family
 court act, as added by section 9 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  the  criminal  procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 6. Paragraph (c) of subdivision 3 of section  842-a  of  the  family
 court act, as added by section 10 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  the  criminal  procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 7. This act shall take effect immediately.

Co-Sponsors

S6363A (ACTIVE) - Details

See Assembly Version of this Bill:: A8102
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §842-a, Fam Ct Act

S6363A (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.

S6363A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6363A

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE:

To require the court to order seizure of firearms, rifles, and shotguns
when a defendant willfully refuses to surrender them in defiance of a
court order issued in connection with an order of protection.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends paragraph (c) of subdivision 1 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 2. Amends paragraph (c) of subdivision 2 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 3. Amends paragraph (c) of subdivision 3 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 4. Amends paragraph (c) of subdivision 1 family court act by
requiring the court to seize shotguns upon a respondent willfully refus-
ing to firearms, rifles or shotguns despite an order by the court to do
so.

Section 5. Amends paragraph (c) of subdivision 2 family court act by
requiring the court to seize shotguns upon a respondent willfully refus-
ing to firearms, rifles or shotguns despite an order by the court to do
so.

Section 6. Amends paragraph (c) of subdivision 3 family court act by
requiring the court to seize shotguns upon a respondent willfully refus-
ing to firearms, rifles or shotguns despite an order by of section 842-a
of the firearms, rifles or surrender such the court to do so.

Section 7. Sets the effective date.

 
JUSTIFICATION:

Upon the issuance of an order of protection, the court must order
surrender of firearms by a defendant or respondent if there are certain
risk factors that suggest there would be safety concerns if the defend-
ant or respondent retained possession of them. However, in the case of a
willful refusal to abide by such a surrender order, court-ordered
seizure of the firearms is not required.  This bill ensures seizure of
firearms possessed by persons subject to a protective order when the
judge has already determined that continued possession poses a danger.
Given that it will apply only upon a defendant's or respondent's willful
failure to obey a previous order to surrender the firearm, this is a
commonsense update to protect victims in danger of future threats or
violence involving firearms.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to orders of
protections issued on or after such date.

S6363A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6363--A
     Cal. No. 469
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced by Sens. MAYER, BIAGGI -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Codes -- recommitted
   to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10465-03-2
 S. 6363--A                          2
 
 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.
   §  3. Paragraph (c) of subdivision 3 of section 530.14 of the criminal
 procedure law, as added by section 5 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.
   § 4. Paragraph (c) of subdivision 1 of section  842-a  of  the  family
 court  act, as added by section 8 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 the criminal procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   §  5.  Paragraph  (c)  of subdivision 2 of section 842-a of the family
 court act, as added by section 9 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 the criminal procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 6. Paragraph (c) of subdivision 3 of section  842-a  of  the  family
 court act, as added by section 10 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 the criminal procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 7. This act shall take effect immediately.

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The New York State Senate

senate Bill S6363A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Feb 14, 2022 - Codes committee Vote

Committee Vote: Feb 14, 2022

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 3, 2021 - Codes committee Vote

Committee Vote: May 3, 2021

Bill Amendments

Co-Sponsors

S6363 - Details

S6363 - Summary

S6363 - Sponsor Memo

S6363 - Bill Text download pdf

Co-Sponsors

S6363A (ACTIVE) - Details

S6363A (ACTIVE) - Summary

S6363A (ACTIVE) - Sponsor Memo

S6363A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6363A

Share this bill

Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Feb 14, 2022 - Codes committee Vote

Committee Vote: Feb 14, 2022

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 3, 2021 - Codes committee Vote

Committee Vote: May 3, 2021

Bill Amendments

Co-Sponsors

Alessandra Biaggi

S6363 - Details

S6363 - Summary

S6363 - Sponsor Memo

S6363 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

S6363A (ACTIVE) - Details

S6363A (ACTIVE) - Summary

S6363A (ACTIVE) - Sponsor Memo

S6363A (ACTIVE) - Bill Text download pdf

Comments