S T A T E O F N E W Y O R K
________________________________________________________________________
754
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A.
MARKEY -- 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01085-01-3
A. 754 2
(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 order of
protection is issued, (i) 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
or (ii) suspend or continue to 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 3. The opening paragraph and paragraph (b) of subdivision 3 of
section 530.14 of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
Mandatory [and permissive] revocation or suspension of firearms
license and ineligibility for such a license upon a finding of a willful
failure to obey an order of protection. Whenever a defendant has been
found pursuant to subdivision eleven of section 530.12 or subdivision
eight of section 530.13 of this article to have willfully failed to obey
an order of protection issued by a court of competent jurisdiction in
this state or another state, territorial or tribal jurisdiction, in
addition to any other remedies available pursuant to subdivision eleven
of section 530.12 or subdivision eight of section 530.13 of this arti-
cle:
(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 order of
protection was issued, (i) 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
or (ii) suspend any such existing license possessed by the defendant,
order the defendant ineligible for such a license and order the immedi-
ate surrender of any or all firearms owned or possessed.
S 4. Subdivision 1 of section 842-a of the family court act, as added
by chapter 644 of the laws of 1996 and paragraph (a) as amended by chap-
ter 434 of the laws of 2000, is amended to read as follows:
1. Mandatory [and permissive] suspension of firearms license and inel-
igibility for such a license upon the issuance of a temporary order of
protection. Whenever a temporary order of protection is issued pursuant
to section eight hundred twenty-eight of this article:
(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms owned or possessed
where the court receives information that gives the court good cause to
believe that: (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal law; (ii) the
respondent has previously been found to have willfully failed to obey a
prior order of protection and such willful failure involved (A) the
infliction of [serious] physical injury, as defined in subdivision [ten]
NINE of section 10.00 of the penal law, (B) the use or threatened use of
a deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(C) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iii) the respondent has a prior
conviction for stalking in the first degree as defined in section 120.60
of the penal law, stalking in the second degree as defined in section
A. 754 3
120.55 of the penal law, stalking in the third degree as defined in
section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent 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 respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms owned or possessed.
S 5. Subdivision 2 of section 842-a of the family court act, 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 the issuance of an
order of protection. Whenever an order of protection is issued pursuant
to section eight hundred forty-one of this part:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms owned or possessed
where the court finds that the conduct which resulted in the issuance of
the order of protection involved (i) the infliction of [serious] phys-
ical injury, as defined in subdivision [ten] NINE of section 10.00 of
the penal law, (ii) the use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in subdivisions twelve
and thirteen of section 10.00 of the penal law, or (iii) behavior
constituting any violent felony offense as defined in section 70.02 of
the penal law; and
(b) the court [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license and
order the immediate surrender of any or all firearms owned or possessed
or (ii) suspend or continue to suspend any such existing license
possessed by the respondent, order the respondent ineligible for such a
license, and order the immediate surrender of any or all firearms owned
or possessed.
S 6. Subdivision 3 of section 842-a of the family court act, as added
by chapter 644 of the laws of 1996, the opening paragraph as amended by
chapter 597 of the laws of 1998 and paragraph (a) as amended by chapter
635 of the laws of 1999, is amended to read as follows:
3. Mandatory [and permissive] revocation or suspension of firearms
license and ineligibility for such a license upon a finding of a willful
failure to obey an order of protection. Whenever a respondent has been
found, pursuant to section eight hundred forty-six-a of this part to
have willfully failed to obey an order of protection issued by this
court or an order of protection issued by a court of competent jurisdic-
tion in another state, territorial or tribal jurisdiction, in addition
to any other remedies available pursuant to section eight hundred
forty-six-a of this part:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms owned or possessed
where the willful failure to obey such order involves (i) the infliction
of [serious] physical injury, as defined in subdivision [ten] NINE of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
A. 754 4
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license,
whether or not the respondent possesses such a license, and order the
immediate surrender of any or all firearms owned or possessed or (ii)
suspend any such existing license possessed by the respondent, order the
respondent ineligible for such a license, and order the immediate
surrender of any or all firearms owned or possessed.
S 7. Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:
S 846-a. Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under this
article or an order of protection issued by a court of competent juris-
diction of another state, territorial or tribal jurisdiction in a
proceeding and if, after hearing, the court is satisfied by competent
proof that the respondent has willfully failed to obey any such order,
the court may modify an existing order to add reasonable conditions of
behavior to the existing order of protection, make a new order of
protection in accordance with section eight hundred forty-two OF THIS
PART, may order the forfeiture of bail in a manner consistent with arti-
cle five hundred forty of the criminal procedure law if bail has been
ordered pursuant to this act, may order the respondent to pay the
petitioner's reasonable and necessary counsel fees in connection with
the violation petition where the court finds that the violation of its
order was willful, and may commit the respondent to jail for a term not
to exceed six months. Such commitment may be served upon certain speci-
fied days or parts of days as the court may direct, and the court may,
at any time within the term of such sentence, revoke such suspension and
commit the respondent for the remainder of the original sentence, or
suspend the remainder of such sentence. If the court determines that the
willful failure to obey such order involves violent behavior constitut-
ing the crimes of menacing, reckless endangerment, assault or attempted
assault and if such a respondent is licensed to carry, possess, repair
and dispose of firearms pursuant to section 400.00 of the penal law, the
court [may] SHALL also immediately revoke such license and [may] SHALL
arrange for the immediate surrender and disposal of any firearm such
respondent owns or possesses. If the willful failure to obey such order
involves the infliction of [serious] physical injury as defined in
subdivision [ten] NINE of section 10.00 of the penal law or the use or
threatened use of a deadly weapon or dangerous instrument, as those
terms are defined in subdivisions twelve and thirteen of section 10.00
of the penal law, such revocation and immediate surrender and disposal
of any firearm owned or possessed by respondent shall be mandatory,
pursuant to subdivision eleven of section 400.00 of the penal law.
S 8. This act shall take effect immediately.