NY State Senate Bill 2019-S4067

Archive: Last Bill Status - Stricken

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2019	recommit, enacting clause stricken
Feb 27, 2019	referred to codes

2019-S4067 (ACTIVE) - Details

Law Section:: Criminal Procedure Law
Laws Affected:: Amd §140.10, CP L
Versions Introduced in 2017-2018 Legislative Session:: S2182

2019-S4067 (ACTIVE) - Summary

Establishes the safe homes act authorizing law enforcement to remove firearms found on the premises where there has been a report of domestic violence.

2019-S4067 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4067

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to establishing the safe homes act

 
PURPOSE OF BILL:

To keep homes safe from the deadly combination of guns and domestic
violence.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section I titles the bill.

Section II amends section 140.10 of the criminal procedure law by adding
a new subdivision 6 requiring law enforcement officers responding to a
report of domestic violence to (1) determine whether there are firearms
present at the scene of the incident, and (2) in the event of an arrest,
remove such firearms and any relevant licenses to obtain firearms which
are owned or possessed by the person being arrested until the court

responsible for adjudicating the offense authorizes their release.

Section III sets forth the effective date.

 
JUSTIFICATION:

Domestic violence incidents are emotionally charged and highly volatile.
Having a gun in the household increases the risk of a domestic violence
incident turning deadly. Separating alleged offenders from firearms is
an important step in safeguarding family members and responding law
enforcement officers.

Currently New York State does not require law enforcement officers to
remove firearms from the scene of a domestic violence incident, even if
an arrest is made. The New York City Police Department has an internal
policy, but it is not clear whether the requirement for officers to
remove a firearm is triggered by an arrest or by the officer's own judg-
ment of whether the incident involved physical force; the policy is also
unclear on whether firearms or licenses held by the victim should also
be removed.

Many other states have adopted laws similar to this legislation, includ-
ing California, Illinois, Montana, West Virginia, Nebraska, New Hamp-
shire, New Jersey, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah, Alas-
ka, Arizona, Connecticut, Hawaii, Indiana and Maryland. It is time that
New. York State adopts a statewide, uniform standard for removing guns
from domestic violence perpetrators until a court determines that it is
safe for the gun to be returned.

 
LEGISLATIVE HISTORY:

S.2182 of 2018 (Alcatara) : Died in Codes
S.7443 of 2016 (Espaillat) : Died in Codes
A.249 of 2015-2016 (Rozic) : Died in Codes
A.3516-A of 2013-2014 (Rozic): Died in Codes
S.6630 of 2012 (Klein): Died in Codes
A.6746-A of 2011-2012 (Lancman): Died in Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2019-S4067 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4067
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed 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".
   § 2. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 6 to read as follows:
   6. (A) A POLICE OFFICER WHO RESPONDS 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 MAY, IN THE INTEREST  OF  PUBLIC  SAFETY,
 TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC-
 TRONIC  STUN  GUN,  DISGUISED  GUN,  IMITATION  WEAPON, SHOTGUN, ANTIQUE
 FIREARM, BLACK POWDER RIFLE, BLACK  POWDER  SHOTGUN,  OR  MUZZLE-LOADING
 FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A CONSENSUAL
 OR  OTHER  LAWFUL  SEARCH,  AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH
 WEAPON THAT IS IN THE POSSESSION OF ANY PERSON ARRESTED FOR THE  COMMIS-
 SION  OF  SUCH FAMILY OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER
 WHO TAKES CUSTODY OF ANY WEAPON PURSUANT TO THIS  PARAGRAPH  SHALL  ALSO
 TAKE  CUSTODY  OF  ANY  LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF
 SUCH WEAPON ISSUED TO THE PERSON SUSPECTED OF SUCH FAMILY  OFFENSE.  THE
 OFFICER  SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW
 ENFORCEMENT OFFICER AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION  ONE  OF
 SECTION 265.20 OF THE PENAL LAW.
   (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH
 (A)  OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR
 PERSON IN POSSESSION OF SUCH WEAPONS OR  LICENSE  A  RECEIPT  DESCRIBING
 SUCH  WEAPONS  OR  LICENSE  AND  INDICATING ANY IDENTIFICATION OR SERIAL
 NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06591-01-9

 S. 4067                             2
 
 LICENSE CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY  PROVIDED
 IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (C)  A  WEAPON  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
 UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY  POSSESSED,
 OR  THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR
 SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY-TWO-A  OF  THE  FAMILY
 COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
 SECTION  400.05  OF  THE  PENAL LAW AND EITHER DISPOSED OF IN THE MANNER
 DESCRIBED IN SUBDIVISION TWO OR  RETAINED  AS  PROVIDED  IN  SUBDIVISION
 THREE OF SECTION 400.05 OF THE PENAL LAW.
   (D)  NOT  LESS  THAN  ONE HUNDRED TWENTY HOURS, OR IN THE EVENT THAT A
 SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH PERIOD, ONE HUNDRED
 FORTY-FOUR HOURS, AFTER A WEAPON OTHER THAN A WEAPON DESCRIBED IN  PARA-
 GRAPH  (C)  OF  THIS  SUBDIVISION,  IS  TAKEN  INTO TEMPORARY CUSTODY AS
 PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE OWNER OR  PERSON  WHO
 WAS  IN LAWFUL POSSESSION OF SUCH WEAPON SHALL HAVE THE RIGHT TO ARRANGE
 FOR THE SALE OR TRANSFER OF SUCH WEAPON TO A DEALER, OR  TO  HIMSELF  OR
 HERSELF,  IN THE MANNER PROVIDED IN SUBDIVISION SIX OF SECTION 400.05 OF
 THE PENAL LAW.
   § 3. This act shall take effect immediately.

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Senate Bill S4067

Sponsored By

Archive: Last Bill Status - Stricken

2019-S4067 (ACTIVE) - Details

2019-S4067 (ACTIVE) - Summary

2019-S4067 (ACTIVE) - Sponsor Memo

2019-S4067 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4067

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - Stricken

2019-S4067 (ACTIVE) - Details

2019-S4067 (ACTIVE) - Summary

2019-S4067 (ACTIVE) - Sponsor Memo

2019-S4067 (ACTIVE) - Bill Text download pdf

Comments