Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to codes |
Jan 06, 2021 |
referred to codes |
Assembly Bill A630
2021-2022 Legislative Session
Sponsored By
CAHILL
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
co-Sponsors
Rebecca Seawright
multi-Sponsors
William Colton
2021-A630 (ACTIVE) - Details
2021-A630 (ACTIVE) - Summary
Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's pre-hospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to himself or herself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.
2021-A630 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 630 2021-2022 Regular Sessions I N A S S E M B L Y (PREFILED) January 6, 2021 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the temporary surrender of firearms for public safety purposes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 400.05 of the penal law is amended by adding a new subdivision 7 to read as follows: 7. (A) ANY PERSON WHO IS TAKEN INTO CUSTODY BY THE POLICE FOR THE PURPOSE OF A MENTAL EXAMINATION, AND PRIOR TO AN EXAMINATION ORDERED PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE LAW, SHALL BE REQUIRED TO SURRENDER HIS OR HER FIREARMS AS DEFINED IN SUBDI- VISION THREE OF SECTION 265.00 OF THIS CHAPTER, TO THE POLICE. (B) THERE SHALL BE A "COOLING OFF PERIOD" FOLLOWING THE DISCHARGE FROM PSYCHIATRIC CARE DURING WHICH TIME FIREARMS, WHICH CAME INTO POLICE CUSTODY DURING THE PERSON'S PRE-HOSPITALIZATION INTERVENTION OR DURING HOSPITALIZATION, MAY BE KEPT IN POLICE CUSTODY FOR THIRTY DAYS, OR AFTER A PSYCHIATRIC EXAMINER HAS DETERMINED WHETHER THE PERSON IS A THREAT TO HIMSELF OR HERSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION MAY ORDER AN EARLY RETURN OF THE FIREARMS IF HE OR SHE DETERMINES THAT IT WOULD BE APPROPRIATE TO DO SO. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01496-01-1
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