S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    446
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, SEPULVEDA -- read twice and ordered print-
   ed, 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 SUBPARAGRAPH (F) OF PARAGRAPH ONE  OF
 SUBDIVISION A 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00828-01-9

 S. 446                              2
 
 NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS OR
 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.