Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 12, 2012 |
committee discharged and committed to rules |
Mar 08, 2012 |
notice of committee consideration - requested |
Jan 04, 2012 |
referred to crime victims, crime and correction |
Mar 31, 2011 |
committee discharged and committed to crime victims, crime and correction |
Mar 08, 2011 |
notice of committee consideration - requested |
Jan 05, 2011 |
referred to codes |
Senate Bill S674
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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, WF) Senate District
(D, WF) 21st Senate District
2011-S674 (ACTIVE) - Details
2011-S674 (ACTIVE) - Sponsor Memo
BILL NUMBER:S674 TITLE OF BILL: An act to amend the criminal procedure law and the family court act, in relation to the mandatory suspension and revocation of firearms licenses upon issuance of orders of protection PURPOSE OR GENERAL IDEA OF BILL: This bill closes a dangerous loophole in the CPL and Family Court Act provisions governing the immediate surrender of firearms, and the immediate revocation or suspension of firearm licenses, in both criminal and Family Court cases where an order of protection is issued. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends CPL 530.14(1) to require a court issuing a temporary order of protection in a criminal case to order the immediate surrender of all firearms owned or possessed by the person against whom the order of protection is issued (and the suspension of any existing firearm license) where the court finds a "substantial risk" that the individual may use or threaten to use a firearm unlawfully against the person for whose protection the order was issued. Under current CPL 530.14 (1), the court, notwithstanding this "substantial risk" determination, retains complete discretion NOT to order the surrender of firearms or the suspension of the gun license.
2011-S674 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 674 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. PERALTA -- 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 the mandatory suspension and revocation of firearms licenses upon issuance of orders of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and paragraph (b) of subdivision 1 of section 530.14 of the criminal procedure law, as added by chapter 644 of the laws of 1996, are amended to read as follows: Mandatory [and permissive] suspension of firearms license and ineligi- bility 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: (b) the court [may] SHALL where the court finds a substantial risk that the defendant may use or threaten to use a firearm unlawfully 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 of any or all firearms owned or possessed. S 2. Subdivision 2 of section 530.14 of the criminal procedure law, as added by chapter 644 of the laws of 1996, is amended to read as follows: 2. Mandatory [and permissive] 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 owned or possessed where such action is required by section 400.00 of the penal law; and
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