NY State Senate Bill 2021-S5026

Senate Bill S5026

2021-2022 Legislative Session

Requires police officers to take temporary custody of firearms when responding to reports of family violence

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 19, 2021	1st report cal.1218
Feb 22, 2021	referred to codes

Votes

- May 19, 2021 - Codes Committee Vote
  S5026
  
  9
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 19, 2021
      
      aye (9)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      O'Mara
      
      aye wr (1)
      
      Palumbo

2021-S5026 (ACTIVE) - Details

See Assembly Version of this Bill:: A5455
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §140.10, CP L
Versions Introduced in 2023-2024 Legislative Session:: S2102, A2413

2021-S5026 (ACTIVE) - Summary

Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.

2021-S5026 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5026

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
police officers to take temporary custody of firearms when responding to
reports of family violence

 
PURPOSE:

Requires police officers to take temporary custody of firearms when
responding to reports of family violence

 
SUMMARY OF PROVISIONS:

Section 1. Paragraphs (a) and (c) of subdivision 6 of section 140.10 of
the criminal procedure law, as added by section 2 of part M of chapter
55 of the laws of 2020, are amended to require 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 shall

take temporary custody of a firearm or other weapons listed that is in
plain sight or is discovered pursuant to a consensual or other lawful
search and shall take custody of any license to carry, possess, repair
and dispose of such weapon issued to the person arrested or suspected of
such family offense.

Part (c) provides that not less than one hundred twenty hours after
effecting such seizure, and in the absence of (i) an order of prohibit-
ing the owner from possessing such a weapon and/or license, or (ii) or
pending criminal charge or conviction which prohibits such owner for
possessing such a weapon and/or license, and upon a written finding that
there is no legal impediment to the owner's possession of such a weapon
an/or license, the court or, if no court is involved, licensing authori-
ty or custodian of the weapon shall direct return of a weapon not other-
wise disposed of or in accordance with subdivision one of section 400.05
of the penal law and/or such license taken into custody pursuant to this
section.

Section 2 states the effective date

 
JUSTIFICATION:

The safe homes act of 2020 provides police officers answering a domestic
violence call the option to remove firearms in plain sight or discovered
pursuant to a consensual or other lawful search. This legislation seeks
to provide further protections to the victims by mandating police offi-
cers seize firearms in plain sight during a domestic violence call and
any license to carry, possess, repair, and dispose of such weapon that
is in the possession of any person arrested on the suspicion of such
family offense. Additionally, this legislation calls for the return of
such firearms and licenses not less than one hundred twenty hours after
effecting such seizure. Such legislation is necessary to ensure that
firearms do not return to dangerous hands before the courts have had
sufficient time to file any necessary charges to protect such victims.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5026 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5026
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  requiring
   police  officers to take temporary custody of firearms when responding
   to reports of family violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (c) of subdivision 6 of section 140.10
 of the criminal procedure law, as added by section 2 of part M of  chap-
 ter 55 of the laws of 2020, are amended to read as follows:
   (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] SHALL take temporary custody of any
 firearm, rifle, electronic dart gun, electronic 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  commission  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
 arrested  or 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.
   (c) Not less than [forty-eight] ONE HUNDRED TWENTY hours after effect-
 ing  such  seizure, and in the absence of (i) an order of protection, an
 extreme risk protection order, or  other  court  order  prohibiting  the
 owner  from  possessing  such a weapon and/or license, or (ii) a pending
 criminal charge or conviction which prohibits such owner from possessing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07605-01-1

 S. 5026                             2
 
 such a weapon and/or license, and upon a written finding that  there  is
 no  legal  impediment  to the owner's possession of such a weapon and/or
 license, the court or, if no court is involved, licensing  authority  or
 custodian  of  the  weapon shall direct return of a weapon not otherwise
 disposed of in accordance with subdivision one of section 400.05 of  the
 penal  law  and/or  such  license  taken  into  custody pursuant to this
 section.
   § 2. This act shall take effect immediately.

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