Assembly Bill A8105A

Signed By Governor
2021-2022 Legislative Session

Relates to orders of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6443 - Signed by Governor

  • 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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Bill Amendments

2021-A8105 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-A8105 - Summary

Requires the court to inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to be owned or possessed by the defendant, and the prosecutor will make reasonable efforts to obtain such information regarding the same and present it to the court.

2021-A8105 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8105
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. CLARK -- 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 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 of subdivision 1 of section 530.14 of
 the criminal procedure law, as amended by chapter  60  of  the  laws  of
 2018, is amended to read as follows:
   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  THE  COURT
 SHALL INQUIRE OF THE DEFENDANT AND THE PROTECTED PARTY, IF THE COURT HAS
 REASON  TO BELIEVE THAT SUCH PROTECTED PARTY WOULD HAVE ACTUAL KNOWLEDGE
 OR REASON TO KNOW SUCH INFORMATION, AS TO THE EXISTENCE AND LOCATION  OF
 ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY THE DEFENDANT AND:
   §  2.  The opening paragraph of subdivision 2 of section 530.14 of the
 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
 amended to read as follows:
   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 THE COURT
 SHALL INQUIRE OF THE DEFENDANT AND THE PROTECTED PARTY, IF THE COURT HAS
 REASON TO BELIEVE THAT SUCH PROTECTED PARTY WOULD HAVE ACTUAL  KNOWLEDGE
 OR  REASON TO KNOW SUCH INFORMATION, AS TO THE EXISTENCE AND LOCATION OF
 ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY THE DEFENDANT AND:
   § 3. The opening paragraph of subdivision 3 of section 530.14  of  the
 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
 amended to read as follows:
   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

2021-A8105A - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-A8105A - Summary

Requires the court to inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to be owned or possessed by the defendant, and the prosecutor will make reasonable efforts to obtain such information regarding the same and present it to the court.

2021-A8105A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8105--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to 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 of subdivision 1 of section 530.14 of
 the  criminal  procedure  law,  as  amended by chapter 60 of the laws of
 2018, is amended to read as follows:
   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 THE COURT
 SHALL INQUIRE OF THE DEFENDANT AND,  OUTSIDE  OF  THE  PRESENCE  OF  THE
 DEFENDANT,  THE PROTECTED PARTY, IF THE COURT HAS REASON TO BELIEVE THAT
 SUCH PROTECTED PARTY WOULD HAVE ACTUAL KNOWLEDGE OR REASON TO KNOW  SUCH
 INFORMATION,  AS  TO THE EXISTENCE AND LOCATION OF ANY FIREARM, RIFLE OR
 SHOTGUN OWNED OR POSSESSED BY THE DEFENDANT AND:
   § 2. The opening paragraph of subdivision 2 of section 530.14  of  the
 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
 amended to read as follows:
   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  THE  COURT
 SHALL  INQUIRE  OF  THE  DEFENDANT  AND,  OUTSIDE OF THE PRESENCE OF THE
 DEFENDANT, THE PROTECTED PARTY, IF THE COURT HAS REASON TO BELIEVE  THAT
 SUCH  PROTECTED PARTY WOULD HAVE ACTUAL KNOWLEDGE OR REASON TO KNOW SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10477-05-2
 A. 8105--A                          2

co-Sponsors

2021-A8105B (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-A8105B (ACTIVE) - Summary

Requires the court to inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to be owned or possessed by the defendant, and the prosecutor will make reasonable efforts to obtain such information regarding the same and present it to the court.

2021-A8105B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8105--B
                                                         Cal. No. 609
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   from committee, advanced to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to 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 of subdivision 1 of section 530.14 of
 the  criminal  procedure  law,  as  amended by chapter 60 of the laws of
 2018, is amended to read as follows:
   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 THE COURT
 SHALL INQUIRE OF THE DEFENDANT AND THE PROSECUTOR AS  TO  THE  EXISTENCE
 AND  LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN REASONABLY BELIEVED TO BE
 OWNED OR POSSESSED BY  THE  DEFENDANT,  AND  THE  PROSECUTOR  WILL  MAKE
 REASONABLE  EFFORTS  TO  OBTAIN  SUCH INFORMATION REGARDING THE SAME AND
 PRESENT IT TO THE COURT AND:
   § 2. The opening paragraph of subdivision 2 of section 530.14  of  the
 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
 amended to read as follows:
   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  THE  COURT
 SHALL  INQUIRE  OF  THE DEFENDANT AND THE PROSECUTOR AS TO THE EXISTENCE
 AND LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN REASONABLY BELIEVED TO  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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