S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8121
 
                             I N  S E N A T E
 
                              March 30, 2018
                                ___________
 
 Introduced  by  Sen.  PHILLIPS  --  (at request of the Governor) -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Rules
 
 AN ACT to amend the penal law, the criminal procedure law and the family
   court  act,  in  relation  to  the  possession  of weapons by domestic
   violence offenders; and to repeal certain provisions of  the  criminal
   procedure law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 17 of  section  265.00  of  the  penal  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  ANY OF THE FOLLOWING OFFENSES, WHERE THE DEFENDANT AND THE PERSON
 AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY
 OR  HOUSEHOLD  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION 530.11 OF THE
 CRIMINAL PROCEDURE LAW AND AS ESTABLISHED PURSUANT TO SECTION 370.15  OF
 THE  CRIMINAL  PROCEDURE LAW:   ASSAULT IN THE THIRD DEGREE; MENACING IN
 THE THIRD DEGREE; MENACING IN THE SECOND DEGREE; CRIMINAL OBSTRUCTION OF
 BREATHING OR BLOOD CIRCULATION;  UNLAWFUL  IMPRISONMENT  IN  THE  SECOND
 DEGREE;  COERCION  IN  THE THIRD DEGREE; CRIMINAL TAMPERING IN THE THIRD
 DEGREE; CRIMINAL CONTEMPT IN THE SECOND DEGREE; HARASSMENT IN THE  FIRST
 DEGREE; AGGRAVATED HARASSMENT IN THE SECOND DEGREE; CRIMINAL TRESPASS IN
 THE  THIRD  DEGREE; CRIMINAL TRESPASS IN THE SECOND DEGREE; ARSON IN THE
 FIFTH DEGREE; OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
   § 2. Section 370.15 of the criminal procedure law is  REPEALED  and  a
 new section 370.15 is added to read as follows:
 § 370.15 PROCEDURE  FOR  DETERMINING  WHETHER CERTAIN MISDEMEANOR CRIMES
            ARE SERIOUS OFFENSES UNDER THE PENAL LAW.
   1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE,
 MENACING IN THE THIRD DEGREE, MENACING IN THE  SECOND  DEGREE,  CRIMINAL
 OBSTRUCTION  OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN
 THE SECOND DEGREE, COERCION IN THE THIRD DEGREE, CRIMINAL  TAMPERING  IN
 THE  THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE, HARASSMENT IN
 THE FIRST DEGREE, AGGRAVATED HARASSMENT IN THE SECOND  DEGREE,  CRIMINAL
 TRESPASS  IN  THE  THIRD DEGREE, CRIMINAL TRESPASS IN THE SECOND DEGREE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12054-02-8

 S. 8121                             2
 
 ARSON IN THE FIFTH DEGREE, OR ATTEMPT TO COMMIT ANY OF THE  ABOVE-LISTED
 OFFENSES,  THE  PEOPLE  MAY,  AT ARRAIGNMENT OR NO LATER THAN FORTY-FIVE
 DAYS AFTER ARRAIGNMENT, SERVE ON THE DEFENDANT AND FILE WITH THE COURT A
 NOTICE  ALLEGING  THAT  THE  DEFENDANT  AND THE PERSON ALLEGED TO BE THE
 VICTIM OF SUCH CRIME WERE MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
   2.  SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE
 VICTIM OF SUCH CRIME  AND  SHALL  SPECIFY  THE  NATURE  OF  THE  ALLEGED
 RELATIONSHIP  AS  SET FORTH IN SUBDIVISION ONE OF SECTION 530.11 OF THIS
 CHAPTER. UPON CONVICTION OF SUCH OFFENSE, THE  COURT  SHALL  ADVISE  THE
 DEFENDANT  THAT HE OR SHE IS ENTITLED TO A HEARING SOLELY ON THE ALLEGA-
 TION CONTAINED IN THE NOTICE AND, IF NECESSARY, AN  ADJOURNMENT  OF  THE
 SENTENCING  PROCEEDING IN ORDER TO PREPARE FOR SUCH HEARING, AND THAT IF
 SUCH ALLEGATION IS SUSTAINED, THAT DETERMINATION AND CONVICTION WILL  BE
 REPORTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   3.  AFTER  HAVING BEEN ADVISED BY THE COURT AS PROVIDED IN SUBDIVISION
 TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE
 RECORD OR IN WRITING, THAT HE OR SHE  IS  RELATED  OR  SITUATED  TO  THE
 VICTIM  OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL  BE  DEEMED  ESTABLISHED.
 IF  THE  DEFENDANT  DENIES  THAT HE OR SHE IS RELATED OR SITUATED TO THE
 VICTIM OF THE CRIME AS ALLEGED IN THE NOTICE SERVED BY  THE  PEOPLE,  OR
 STANDS  MUTE WITH RESPECT TO SUCH ALLEGATION, THEN THE PEOPLE SHALL BEAR
 THE BURDEN TO PROVE BEYOND A REASONABLE  DOUBT  THAT  THE  DEFENDANT  IS
 RELATED  OR  SITUATED TO THE VICTIM IN THE MANNER ALLEGED IN THE NOTICE.
 THE COURT MAY CONSIDER RELIABLE HEARSAY  EVIDENCE  SUBMITTED  BY  EITHER
 PARTY  PROVIDED  THAT IT IS RELEVANT TO THE DETERMINATION OF THE ALLEGA-
 TION. FACTS PREVIOUSLY PROVEN AT TRIAL OR ELICITED AT THE TIME OF  ENTRY
 OF  A  PLEA  OF  GUILTY  SHALL BE DEEMED ESTABLISHED BEYOND A REASONABLE
 DOUBT AND SHALL NOT BE RELITIGATED. AT THE CONCLUSION OF THE HEARING, OR
 UPON SUCH A STIPULATION OR ADMISSION, AS  APPLICABLE,  THE  COURT  SHALL
 MAKE A SPECIFIC WRITTEN DETERMINATION WITH RESPECT TO SUCH ALLEGATION.
   §  3.  Section  380.97 of the criminal procedure law is REPEALED and a
 new section 380.97 is added to read as follows:
 § 380.97 NOTIFICATION  TO  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  OF
            CERTAIN MISDEMEANOR CONVICTIONS.
   UPON  JUDGMENT  OF CONVICTION OF ASSAULT IN THE THIRD DEGREE, MENACING
 IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION
 OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN  THE  SECOND
 DEGREE,  COERCION  IN  THE THIRD DEGREE, CRIMINAL TAMPERING IN THE THIRD
 DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE, HARASSMENT IN THE  FIRST
 DEGREE, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE, CRIMINAL TRESPASS
 IN  THE  THIRD  DEGREE, CRIMINAL TRESPASS IN THE SECOND DEGREE, ARSON IN
 THE FIFTH DEGREE, OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES,
 WHEN THE DEFENDANT AND VICTIM HAVE BEEN DETERMINED, PURSUANT TO  SECTION
 370.15  OF  THIS  PART, TO BE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, THE  CLERK
 OF THE COURT SHALL INCLUDE NOTIFICATION AND A COPY OF THE WRITTEN DETER-
 MINATION  IN  A  REPORT  OF  SUCH CONVICTION TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES TO ENABLE THE DIVISION TO REPORT SUCH DETERMINATION  TO
 THE FEDERAL BUREAU OF INVESTIGATION AND ASSIST THE BUREAU IN IDENTIFYING
 PERSONS  PROHIBITED  FROM  PURCHASING  AND POSSESSING A FIREARM OR OTHER
 WEAPON DUE  TO CONVICTION OF AN OFFENSE  SPECIFIED  IN  PARAGRAPH  C  OF
 SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW.
   § 4. Section 530.14 of the criminal procedure law, as added by chapter
 644  of  the laws of 1996, the opening paragraph of subdivision 1, para-

 S. 8121                             3
 
 graph (b) of subdivision 1, the  opening  paragraph  of  subdivision  2,
 paragraph  (b)  of subdivision 2, the opening paragraph of subdivision 3
 and paragraph (b) of subdivision 3 as amended by chapter 1 of  the  laws
 of 2013, paragraph (a) of subdivision 1 as amended by chapter 434 of the
 laws of 2000, clause (A) of subparagraph (ii) of paragraph (a) of subdi-
 vision  1  and  subparagraph  (i)  of  paragraph (a) of subdivision 3 as
 amended by chapter 198 of the laws of 2007, and paragraph (a) of  subdi-
 vision  3  as  amended by chapter 635 of the laws of 1999, is amended to
 read as follows:
 § 530.14 Suspension and revocation  of  a  license  to  carry,  possess,
            repair  or  dispose  of  a    firearm or firearms pursuant to
            section 400.00 of the penal law and ineligibility for such  a
            license; order to surrender firearms.
   1. Suspension of firearms license and ineligibility 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:
   (a) the court shall 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,  RIFLES  AND  SHOTGUNS
 owned  or  possessed where the court receives information that gives the
 court good  cause  to  believe  that  (i)  the  defendant  has  a  prior
 conviction  of any violent felony offense as defined in section 70.02 of
 the penal law; (ii) the defendant has  previously  been  found  to  have
 willfully  failed  to  obey a prior order of protection and such willful
 failure involved (A) the infliction of physical injury,  as  defined  in
 subdivision  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 defendant 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 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 shall where the court finds a substantial risk that  the
 defendant  may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw-
 fully 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 pursuant to subparagraph (f)
 of paragraph one of subdivision a of section 265.20 and subdivision  six
 of  section  400.05 of the penal law, of any or all firearms, RIFLES AND
 SHOTGUNS owned or possessed.
   2. 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, RIFLES AND SHOTGUNS
 owned or possessed where such action is required by  section  400.00  of
 the penal law; and
   (b)  the court shall where the court finds a substantial risk that the
 defendant may use or threaten to  use  a  firearm,  RIFLES  OR  SHOTGUNS

 S. 8121                             4

 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, RIFLES AND SHOT-
 GUNS owned or possessed or (ii) suspend or continue to suspend any  such
 existing  license possessed by the defendant, order the defendant ineli-
 gible for such a license and order the immediate surrender  pursuant  to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision  six  of  section  400.05  of  the  penal law, of any or all
 firearms, RIFLES AND SHOTGUNS owned or possessed.
   3. 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 subdivi-
 sion eight 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,  RIFLES  AND  SHOTGUNS
 owned or possessed where the willful failure to obey such order involved
 (i) the infliction of physical injury, as defined in subdivision 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,
 (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 shall where the court finds a substantial risk that  the
 defendant  may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw-
 fully 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 pursuant to subparagraph (f) of  paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law, of any or all  firearms,  RIFLES  AND  SHOTGUNS
 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 immediate surrender pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal  law, of any or all firearms, RIFLES AND SHOTGUNS
 owned or possessed.
   4. Suspension. Any suspension order issued pursuant  to  this  section
 shall  remain  in  effect  for  the  duration  of the temporary order of
 protection or order of protection, unless modified  or  vacated  by  the
 court.
   5.  Surrender.  (a)  Where an order to surrender one or more firearms,
 RIFLES AND SHOTGUNS has been issued, the temporary order  of  protection
 or  order  of  protection  shall specify the place where such [firearms]
 WEAPONS shall be surrendered, shall specify a date and time by which the

 S. 8121                             5
 
 surrender shall be completed and, to the extent possible, shall describe
 such [firearms] WEAPONS to be surrendered, and shall direct the authori-
 ty receiving such surrendered [firearms] WEAPONS to  immediately  notify
 the court of such surrender.
   (b)  The  prompt surrender of one or more firearms, RIFLES OR SHOTGUNS
 pursuant to a court order issued  pursuant  to  this  section  shall  be
 considered  a  voluntary  surrender  for purposes of subparagraph (f) of
 paragraph one of subdivision a of section 265.20 of the penal  law.  The
 disposition  of  any such [firearms] WEAPONS shall be in accordance with
 the provisions of subdivision six of section 400.05 of  the  penal  law;
 PROVIDED,  HOWEVER, THAT UPON TERMINATION OF ANY SUSPENSION ORDER ISSUED
 PURSUANT TO THIS SECTION OR SECTION EIGHT  HUNDRED  FORTY-TWO-A  OF  THE
 FAMILY  COURT ACT, UPON WRITTEN APPLICATION OF THE SUBJECT OF THE ORDER,
 WITH NOTICE AND OPPORTUNITY TO BE HEARD TO THE  DISTRICT  ATTORNEY,  THE
 COUNTY  ATTORNEY,  THE  PROTECTED  PARTY,  AND  EVERY  LICENSING OFFICER
 RESPONSIBLE FOR ISSUANCE OF A FIREARMS LICENSE TO  THE  SUBJECT  OF  THE
 ORDER  PURSUANT  TO  ARTICLE  FOUR  HUNDRED OF THE PENAL LAW, AND UPON A
 WRITTEN FINDING THAT THERE IS  NO  LEGAL  IMPEDIMENT  TO  THE  SUBJECT'S
 POSSESSION  OF  A  SURRENDERED  FIREARM,  RIFLE OR SHOTGUN, ANY COURT OF
 RECORD EXERCISING CRIMINAL  JURISDICTION  MAY  ORDER  THE  RETURN  OF  A
 FIREARM,  RIFLE  OR SHOTGUN NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH
 SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW.   WHEN ISSUING  SUCH
 ORDER  IN  CONNECTION  WITH ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT
 UNDER ARTICLE FOUR HUNDRED OF THE PENAL LAW, IF  THE  LICENSING  OFFICER
 INFORMS  THE  COURT  THAT HE OR SHE WILL SEEK TO REVOKE THE LICENSE, THE
 ORDER SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF  ANY  LICENSE
 REVOCATION PROCEEDING.
   (c)  The  provisions  of  this  section  shall not be deemed to limit,
 restrict or otherwise impair the authority of the  court  to  order  and
 direct  the  surrender of any or all firearms, rifles and shotguns owned
 or possessed by a defendant pursuant to sections  530.12  or  530.13  of
 this article.
   6.  Notice.  (a)  Where an order [of] REQUIRING SURRENDER, revocation,
 suspension or ineligibility has been issued pursuant  to  this  section,
 any  temporary  order  of protection or order of protection issued shall
 state that such firearm license has been suspended or  revoked  or  that
 the  defendant  is  ineligible for such license, as the case may be, AND
 THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY FIREARM,  RIFLE  OR
 SHOTGUN.
   (b) The court revoking or suspending the license, ordering the defend-
 ant  ineligible  for  such  a  license, or ordering the surrender of any
 firearm, RIFLE OR SHOTGUN shall immediately notify the duly  constituted
 police  authorities  of  the locality concerning such action and, in the
 case of orders of protection and temporary orders of  protection  issued
 pursuant to section 530.12 of this article, shall immediately notify the
 statewide registry of orders of protection.
   (c)  The  court  revoking  or  suspending  the license or ordering the
 defendant ineligible for such a license shall give written notice there-
 of without unnecessary delay to the division  of  state  police  at  its
 office in the city of Albany.
   (d) Where an order of revocation, suspension, ineligibility or surren-
 der  is  modified  or  vacated,  the  court shall immediately notify the
 statewide registry of orders of  protection  and  the  duly  constituted
 police authorities of the locality concerning such action and shall give
 written  notice  thereof  without  unnecessary  delay to the division of
 state police at its office in the city of Albany.

 S. 8121                             6
 
   7. Hearing. The defendant shall have the right to a hearing before the
 court regarding any revocation, suspension, ineligibility  or  surrender
 order  issued  pursuant  to  this section, provided that nothing in this
 subdivision shall preclude the court from issuing any such  order  prior
 to  a hearing. Where the court has issued such an order prior to a hear-
 ing, it shall commence such hearing within fourteen  days  of  the  date
 such order was issued.
   8. Nothing in this section shall delay or otherwise interfere with the
 issuance of a temporary order of protection or the timely arraignment of
 a defendant in custody.
   § 5. Section 842-a of the family court act, as added by chapter 644 of
 the  laws of 1996, subdivision 1, 2 and 3 as amended by chapter 1 of the
 laws of 2013, is amended to read as follows:
   § 842-a. Suspension and revocation of a  license  to  carry,  possess,
 repair or dispose of a firearm or firearms pursuant to section 400.00 of
 the  penal  law and ineligibility for such a license; order to surrender
 firearms.
   1. Suspension of firearms license and ineligibility for such a license
 upon the issuance of a temporary order of protection. Whenever a  tempo-
 rary  order  of  protection  is issued pursuant to section eight hundred
 twenty-eight of this article, or pursuant to article  four,  five,  six,
 seven or ten of this act:
   (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 pursuant to subparagraph (f) of  paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law, of any or all  firearms,  RIFLES  AND  SHOTGUNS
 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 physical injury,  as  defined  in
 subdivision  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 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 shall where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw-
 fully 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 pursuant to subparagraph (f)
 of paragraph one of subdivision a of section 265.20 and subdivision  six
 of  section  400.05 of the penal law, of any or all firearms, RIFLES AND
 SHOTGUNS owned or possessed.
   2. 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-

 S. 8121                             7
 
 one  of  this part, or pursuant to article four, five, six, seven or ten
 of this act:
   (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 pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal  law, of any or all firearms, RIFLES AND SHOTGUNS
 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  physical  injury, as defined in subdivision 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 shall, where the court finds a substantial risk that the
 respondent may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw-
 fully 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 pursuant to subparagraph (f) of paragraph
 one of subdivision a of section 265.20 and subdivision  six  of  section
 400.05  of  the  penal  law, of any or all firearms, RIFLES AND SHOTGUNS
 owned or possessed or (ii) suspend  or  continue  to  suspend  any  such
 existing license possessed by the respondent, order the respondent inel-
 igible for such a license, and order the immediate surrender pursuant to
 subparagraph (f) of paragraph one of subdivision a of section 265.20 and
 subdivision  six  of  section  400.05  of  the  penal law, of any or all
 firearms, RIFLES AND SHOTGUNS owned or possessed.
   3. 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 or temporary 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  or  temporary
 order  of  protection  issued  pursuant  to  this  act  or  the domestic
 relations law, or by this court or by a court of competent  jurisdiction
 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 pursuant to subparagraph (f) of  paragraph
 one  of  subdivision  a of section 265.20 and subdivision six of section
 400.05 of the penal law, of any or all  firearms,  RIFLES  AND  SHOTGUNS
 owned or possessed where the willful failure to obey such order involves
 (i) the infliction of physical injury, as defined in subdivision 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; 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

 S. 8121                             8

   (b) the court shall where the court finds a substantial risk that  the
 respondent may use or threaten to use a firearm, RIFLE OR SHOTGUN unlaw-
 fully  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  pursuant  to  subparagraph (f) of paragraph one of
 subdivision a of section 265.20 and subdivision six of section 400.05 of
 the penal law, of any or all firearms,  RIFLES  AND  SHOTGUNS  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, RIFLES AND SHOT-
 GUNS owned or possessed.
   4. Suspension. Any suspension order issued pursuant  to  this  section
 shall  remain  in  effect  for  the  duration  of the temporary order of
 protection or order of protection, unless modified  or  vacated  by  the
 court.
   5.  Surrender.  (a)  Where an order to surrender one or more firearms,
 RIFLES OR SHOTGUNS has been issued, the temporary order of protection or
 order of protection shall specify the place where such [firearms]  WEAP-
 ONS  shall  be  surrendered,  shall specify a date and time by which the
 surrender shall be completed and, to the extent possible, shall describe
 such [firearms] WEAPONS to be surrendered and shall direct the authority
 receiving such surrendered [firearms] WEAPONS to immediately notify  the
 court of such surrender.
   (b)  The  prompt surrender of one or more firearms, RIFLES OR SHOTGUNS
 pursuant to a court order issued pursuant this section shall be  consid-
 ered a voluntary surrender for purposes of subparagraph (f) of paragraph
 one of subdivision a of section 265.20 of the penal law. The disposition
 of  any  such  [firearms]  WEAPONS  shall  be  in  accordance  with  the
 provisions of subdivision six  of  section  400.05  of  the  penal  law;
 PROVIDED,  HOWEVER  THAT  UPON  THE  TERMINATION OF ANY SUSPENSION ORDER
 ISSUED PURSUANT TO THIS SECTION, ANY COURT OF RECORD EXERCISING CRIMINAL
 JURISDICTION MAY ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN  PURSU-
 ANT TO PARAGRAPH B OF SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL
 PROCEDURE LAW.
   (c)  The  provisions  of  this  section  shall not be deemed to limit,
 restrict or otherwise impair the authority of the  court  to  order  and
 direct  the surrender of any or all pistols, revolvers, rifles, shotguns
 or other firearms owned or possessed by a respondent  pursuant  to  this
 act.
   6.  Notice.  (a)  Where an order [of] REQUIRING SURRENDER, revocation,
 suspension or ineligibility has been issued pursuant  to  this  section,
 any  temporary  order  of protection or order of protection issued shall
 state that such firearm license has been suspended or  revoked  or  that
 the  respondent  is ineligible for such license, as the case may be, AND
 THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY FIREARMS, RIFLES OR
 SHOTGUNS.
   (b) The  court  revoking  or  suspending  the  license,  ordering  the
 respondent ineligible for such license, or ordering the surrender of any
 firearm,  RIFLES  OR  SHOTGUNS  shall  immediately  notify the statewide
 registry of orders of protection and the duly constituted police author-
 ities of the locality of such action.
   (c) The court revoking or  suspending  the  license  or  ordering  the
 defendant  ineligible for such license shall give written notice thereof

 S. 8121                             9
 
 without unnecessary delay to the division of state police at its  office
 in the city of Albany.
   (d)  Where  an  order  of  revocation,  suspension,  ineligibility, or
 surrender is modified or vacated, the court shall immediately notify the
 statewide registry of orders of  protection  and  the  duly  constituted
 police authorities of the locality concerning such action and shall give
 written  notice  thereof  without  unnecessary  delay to the division of
 state police at its office in the city of Albany.
   7. Hearing. The respondent shall have the right to  a  hearing  before
 the court regarding any revocation, suspension, ineligibility or surren-
 der order issued pursuant to this section, provided that nothing in this
 subdivision  shall  preclude the court from issuing any such order prior
 to a hearing. Where the court has issued such an order prior to a  hear-
 ing,  it  shall  commence  such hearing within fourteen days of the date
 such order was issued.
   8. Nothing in this section shall delay or otherwise interfere with the
 issuance of a temporary order of protection.
   § 6. Paragraph (c) of subdivision 1 of section  400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (c) who has not been convicted anywhere  of  a  felony  or  a  serious
 offense  OR  WHO  IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
 ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE;
   § 7. The criminal procedure law is amended by  adding  a  new  section
 370.25 to read as follows:
 § 370.25 PROCEDURE  FOR  THE  SURRENDER OF FIREARMS, RIFLES AND SHOTGUNS
            UPON JUDGMENT  OF  CONVICTION  FOR  A  FELONY  OR  A  SERIOUS
            OFFENSE.
   1.  UPON JUDGMENT OF CONVICTION FOR A FELONY OR A SERIOUS OFFENSE, THE
 COURT SHALL INQUIRE  OF  THE  DEFENDANT  AS  TO  THE  EXISTENCE  OF  ALL
 FIREARMS,  RIFLES  AND  SHOTGUNS  HE OR SHE OWNS OR POSSESSES. THE COURT
 SHALL ORDER THE IMMEDIATE SURRENDER, PURSUANT  TO  SUBPARAGRAPH  (F)  OF
 PARAGRAPH  ONE  OF  SUBDIVISION A OF SECTION 265.20 OF THE PENAL LAW AND
 SUBDIVISION SIX OF SECTION 400.05 OF  THE  PENAL  LAW,  OF  ANY  OR  ALL
 FIREARMS, RIFLES AND SHOTGUNS OWNED OR POSSESSED BY THE DEFENDANT.
   2.  THE  COURT ORDERING THE SURRENDER OF ANY FIREARMS, RIFLES OR SHOT-
 GUNS AS PROVIDED IN THIS  SECTION  SHALL  IMMEDIATELY  NOTIFY  THE  DULY
 CONSTITUTED  POLICE  AUTHORITIES  OF THE LOCALITY OF SUCH ACTION AND THE
 DIVISION OF STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY. THE  COURT
 SHALL  DIRECT  THE AUTHORITY RECEIVING SUCH SURRENDERED FIREARMS, RIFLES
 AND SHOTGUNS TO IMMEDIATELY NOTIFY THE COURT OF SUCH SURRENDER.
   3. THE DISPOSITION OF ANY FIREARMS,  RIFLES  OR  SHOTGUNS  SURRENDERED
 PURSUANT  TO  THIS SECTION SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW.
   4. THE PROVISIONS OF THIS  SECTION  SHALL  NOT  BE  DEEMED  TO  LIMIT,
 RESTRICT  OR  OTHERWISE  IMPAIR  THE AUTHORITY OF THE COURT TO ORDER AND
 DIRECT THE SURRENDER OF ANY OR ALL FIREARMS, RIFLES AND  SHOTGUNS  OWNED
 OR POSSESSED BY A DEFENDANT PURSUANT TO ANY OTHER PROVISION OF LAW.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.