S T A T E   O F   N E W   Y O R K
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                                  3516

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred 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".
  S 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
  6. (A) WHEN RESPONDING 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, A LAW  ENFORCEMENT  OFFICER  SHALL  DETERMINE  WHETHER
THERE  ARE  FIREARMS  ON  THE  PREMISES OWNED OR POSSESSED BY THE PERSON
ALLEGED TO HAVE COMMITTED SUCH FAMILY OFFENSES AND WHERE THE REPORT OF A
FAMILY OFFENSE RESULTS IN AN ARREST, THE LAW ENFORCEMENT  OFFICER  SHALL
SEIZE  SUCH  FIREARMS  AND  ANY  LICENSE  TO  CARRY, POSSESS, REPAIR AND
DISPOSE OF FIREARMS HELD BY THE PERSON ARRESTED, UNTIL THE COURT RESPON-
SIBLE FOR ADJUDICATING THE OFFENSE FOR WHICH  THE  PERSON  WAS  ARRESTED
AUTHORIZES THE RELEASE OF SUCH FIREARMS OR LICENSE.
  (B)  THE  LAW  ENFORCEMENT AGENCY SHALL INFORM THE OWNER OR PERSON WHO
HAD LAWFUL POSSESSION OF THE FIREARM OR OTHER  DEADLY  WEAPON,  AT  THAT
PERSON'S   LAST   KNOWN  ADDRESS  BY  REGISTERED  MAIL,  RETURN  RECEIPT
REQUESTED, THAT THE OWNER OR PERSON HAS THIRTY DAYS  FROM  THE  DATE  OF
RECEIPT  OF  THE  NOTICE TO RESPOND TO THE COURT CLERK TO CONFIRM HIS OR
HER DESIRE FOR A HEARING, AND THAT THE FAILURE TO RESPOND  SHALL  RESULT
IN  A  DEFAULT  ORDER FORFEITING THE CONFISCATED FIREARM OR OTHER DEADLY
WEAPON. IN THE EVENT THE OWNER OR PERSON WHOSE FIREARM OR  OTHER  DEADLY
WEAPON  WAS  SEIZED  DOES NOT RESIDE AT THE LAST ADDRESS PROVIDED TO THE
AGENCY, THE AGENCY SHALL MAKE A DILIGENT, GOOD FAITH EFFORT TO LEARN THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05106-01-3

              

A. 3516                             2

WHEREABOUTS OF THE OWNER OR PERSON AND TO COMPLY WITH THESE NOTIFICATION
REQUIREMENTS.
  (C)  IF  THE  OWNER  OR  PERSON REQUESTS A HEARING, SUCH HEARING SHALL
OCCUR NO LATER THAN THIRTY DAYS FROM RECEIPT OF THE REQUEST. UNLESS  THE
PROPONENT  OF  THE SEIZURE SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT
THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON WOULD RESULT IN  ENDAN-
GERING  THE  VICTIM  OR  THE PERSON REPORTING THE ASSAULT OR THREAT, THE
COURT SHALL ORDER THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON.
  (D) IF, AT THE HEARING, THE COURT DOES NOT ORDER  THE  RETURN  OF  THE
FIREARM  OR  OTHER  DEADLY  WEAPON TO THE OWNER OR PERSON WHO HAD LAWFUL
POSSESSION OF SUCH FIREARM OR OTHER DEADLY WEAPON, THAT OWNER OR  PERSON
MAY  PETITION  THE  COURT FOR A SECOND HEARING WITHIN TWELVE MONTHS FROM
THE DATE OF THE INITIAL HEARING. IF THERE IS A  PETITION  FOR  A  SECOND
HEARING,  UNLESS  IT  IS SHOWN BY CLEAR AND CONVINCING EVIDENCE THAT THE
RETURN OF THE FIREARM OR OTHER DEADLY WEAPON WOULD RESULT IN ENDANGERING
THE VICTIM OR THE PERSON REPORTING THE  ASSAULT  OR  THREAT,  THE  COURT
SHALL  ORDER  THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON AND SHALL
AWARD REASONABLE ATTORNEY'S FEES TO THE PREVAILING PARTY. IF  THE  OWNER
OR  PERSON  WHO HAD LAWFUL POSSESSION DOES NOT PETITION THE COURT WITHIN
THIS TWELVE MONTH PERIOD FOR A SECOND HEARING OR IS UNSUCCESSFUL AT  THE
SECOND  HEARING IN GAINING RETURN OF THE FIREARM OR OTHER DEADLY WEAPON,
THE FIREARM OR OTHER DEADLY WEAPON MAY BE DISPOSED  OF  AS  PROVIDED  IN
SECTION 400.05 OF THE PENAL LAW.
  S 3. This act shall take effect immediately.