NY State Senate Bill 2021-S6363A

Senate Bill S6363A

Signed By Governor

2021-2022 Legislative Session

Requires the court to order the search for and immediate seizure of certain firearms when a defendant willfully refuses to surrender such firearms

download bill text pdf

Archive: Last Bill Status - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 18, 2022	signed chap.576 delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.203 substituted for a8102a
May 23, 2022	referred to codes delivered to assembly passed senate
May 02, 2022	amended on third reading 6363a
Feb 16, 2022	advanced to third reading
Feb 15, 2022	2nd report cal.
Feb 14, 2022	1st report cal.469
Jan 05, 2022	referred to codes returned to senate died in assembly
May 11, 2021	referred to codes delivered to assembly passed senate
May 05, 2021	advanced to third reading
May 04, 2021	2nd report cal.
May 03, 2021	1st report cal.867
Apr 26, 2021	referred to codes

Votes

- May 23, 2022 - Floor Vote
  S6363A
  
  46
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2022
      
      aye (46)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (15)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Stec
      
      Tedisco
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  May 11, 2021 - Floor Vote
  S6363A
  
  48
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 11, 2021
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (15)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Stec
      
      Tedisco
  Feb 14, 2022 - Codes Committee Vote
  S6363A
  
  10
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 14, 2022
      
      aye (10)
      
      Bailey
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Palumbo
      
      Savino
      
      Sepúlveda
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      O'Mara
  May 3, 2021 - Codes Committee Vote
  S6363A
  
  9
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 3, 2021
      
      aye (9)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      O'Mara
      
      aye wr (1)
      
      Palumbo

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S6363 - Details

See Assembly Version of this Bill:: A8102
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-S6363 - Summary

Requires the court to order the search for and immediate seizure of firearms, rifles, or shotguns when a defendant willfully refuses to surrender such firearms, rifles or shotguns.

2021-S6363 - Sponsor Memo

                                
 
BILL NUMBER: S6363

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to requiring the court to order the search for and immediate
seizure of certain firearms when a defendant willfully refuses to
surrender such firearms

 
PURPOSE:

To require the court to order seizure of firearms, rifles, and shotguns
when a defendant willfully refuses to surrender them in defiance of a
court order issued in connection with an order of protection.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends paragraph (c) of subdivision 1 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such

firearms, rifles or shotguns despite an order by the court to do so.

Section 2. Amends paragraph (c) of subdivision 2 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 3. Amends paragraph (c) of subdivision 3 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 4. Amends paragraph (c) of subdivision 1 of section 842-a of the
family court act by requiring the court to seize firearms, rifles or
shotguns upon a respondent willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 5. Amends paragraph (c) of subdivision 2 of section 842-a of the
family court act by requiring the court to seize firearms, rifles or
shotguns upon a respondent willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 6. Amends paragraph (c) of subdivision 3 of section 842-a of the
family court act by requiring the court to seize firearms, rifles or
shotguns upon a respondent willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 7. Sets the effective date.

 
JUSTIFICATION:

Upon the issuance of an order of protection, the court must order
surrender of firearms by a defendant or respondent if there are certain
risk factors that suggest there would be safety concerns if the defend-
ant or respondent retained possession of them. However, in the case of a
willful refusal to abide by such a surrender order, court-ordered
seizure of the firearms is not required.

This bill ensures seizure of firearms possessed by persons subject to a
protective order when the judge has already determined that continued
possession poses a danger. Given that it will apply only upon a defend-
ant's or respondent's willful failure to obey a previous order to
surrender the firearm, this is a commonsense update to protect victims
in danger of future threats or violence involving firearms.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to orders of
protections issued on or after such date.

2021-S6363 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6363
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and the family court act,  in
   relation  to requiring the court to order the search for and immediate
   seizure of certain firearms when  a  defendant  willfully  refuses  to
   surrender such firearms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of  section  530.14  of  the
 criminal procedure law, as added by section 3 of part M of chapter 55 of
 the laws of 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of this subdivision, or for other good cause shown, order the imme-
 diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty of this part, consistent with such rights as the defendant may derive
 from  this  article  or  the  constitution  of  this state or the United
 States.
   § 2. Paragraph (c) of subdivision 2 of section 530.14 of the  criminal
 procedure law, as added by section 4 of part M of chapter 55 of the laws
 of 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of this subdivision, or for other good cause shown, order the imme-
 diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty of this part, consistent with such rights as the defendant may derive
 from  this  article  or  the  constitution  of  this state or the United
 States.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10465-01-1

 S. 6363                             2
 
   § 3. Paragraph (c) of subdivision 3 of section 530.14 of the  criminal
 procedure law, as added by section 5 of part M of chapter 55 of the laws
 of 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of this subdivision, or for other good cause shown, order the imme-
 diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty of this part, consistent with such rights as the defendant may derive
 from  this  article  or  the  constitution  of  this state or the United
 States.
   § 4. Paragraph (c) of subdivision 1 of section  842-a  of  the  family
 court  act, as added by section 8 of part M of chapter 55 of the laws of
 2020, is amended to read as follows:
   (c) the court [may] SHALL where the  defendant  willfully  refuses  to
 surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
 (b) of this subdivision, or for other good cause shown, order the  imme-
 diate  seizure  of  such firearm, rifle or shotgun, and search therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty of the criminal procedure law, consistent with  such  rights  as  the
 defendant may derive from this article or the constitution of this state
 or the United States.
   §  5.  Paragraph  (c)  of subdivision 2 of section 842-a of the family
 court act, as added by section 9 of part M of chapter 55 of the laws  of
 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of this subdivision, or for other good cause shown, order the imme-
 diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty  of  the  criminal  procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 6. Paragraph (c) of subdivision 3 of section  842-a  of  the  family
 court act, as added by section 10 of part M of chapter 55 of the laws of
 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of this subdivision, or for other good cause shown, order the imme-
 diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
 pursuant to an order issued in accordance with article six hundred nine-
 ty  of  the  criminal  procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 7. This act shall take effect immediately.

co-Sponsors

2021-S6363A (ACTIVE) - Details

See Assembly Version of this Bill:: A8102
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-S6363A (ACTIVE) - Summary

Requires the court to order the search for and immediate seizure of firearms, rifles, or shotguns when a defendant willfully refuses to surrender such firearms, rifles or shotguns.

2021-S6363A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6363A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to requiring the court to order the search for and immediate
seizure of certain firearms when a defendant willfully refuses to
surrender such firearms

 
PURPOSE:

To require the court to order seizure of firearms, rifles, and shotguns
when a defendant willfully refuses to surrender them in defiance of a
court order issued in connection with an order of protection.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends paragraph (c) of subdivision 1 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 2. Amends paragraph (c) of subdivision 2 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 3. Amends paragraph (c) of subdivision 3 of section 530.14 of
the Criminal Procedure Law by requiring the court to seize firearms,
rifles or shotguns upon a defendant willfully refusing to surrender such
firearms, rifles or shotguns despite an order by the court to do so.

Section 4. Amends paragraph (c) of subdivision 1 family court act by
requiring the court to seize shotguns upon a respondent willfully refus-
ing to firearms, rifles or shotguns despite an order by the court to do
so.

Section 5. Amends paragraph (c) of subdivision 2 family court act by
requiring the court to seize shotguns upon a respondent willfully refus-
ing to firearms, rifles or shotguns despite an order by the court to do
so.

Section 6. Amends paragraph (c) of subdivision 3 family court act by
requiring the court to seize shotguns upon a respondent willfully refus-
ing to firearms, rifles or shotguns despite an order by of section 842-a
of the firearms, rifles or surrender such the court to do so.

Section 7. Sets the effective date.

 
JUSTIFICATION:

Upon the issuance of an order of protection, the court must order
surrender of firearms by a defendant or respondent if there are certain
risk factors that suggest there would be safety concerns if the defend-
ant or respondent retained possession of them. However, in the case of a
willful refusal to abide by such a surrender order, court-ordered
seizure of the firearms is not required.  This bill ensures seizure of
firearms possessed by persons subject to a protective order when the
judge has already determined that continued possession poses a danger.
Given that it will apply only upon a defendant's or respondent's willful
failure to obey a previous order to surrender the firearm, this is a
commonsense update to protect victims in danger of future threats or
violence involving firearms.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to orders of
protections issued on or after such date.

2021-S6363A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6363--A
     Cal. No. 469
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced by Sens. MAYER, BIAGGI -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Codes -- recommitted
   to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to requiring the court to order the search for and  immediate
   seizure  of  certain  firearms  when  a defendant willfully refuses to
   surrender such firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of subdivision 1 of section 530.14 of the
 criminal procedure law, as added by section 3 of part M of chapter 55 of
 the laws of 2020, is amended to read as follows:
   (c) the court [may] SHALL where the  defendant  willfully  refuses  to
 surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
 (b) of this subdivision, or MAY for other good cause  shown,  order  the
 immediate  seizure  of such firearm, rifle or shotgun, and search there-
 for, pursuant to an order issued in accordance with article six  hundred
 ninety  of  this  part, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   § 2. Paragraph (c) of subdivision 2 of section 530.14 of the  criminal
 procedure law, as added by section 4 of part M of chapter 55 of the laws
 of 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of  this  subdivision, or MAY for other good cause shown, order the
 immediate seizure of such firearm, rifle or shotgun, and  search  there-
 for,  pursuant to an order issued in accordance with article six hundred
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10465-03-2
 S. 6363--A                          2
 
 ninety of this part, consistent with such rights as  the  defendant  may
 derive from this article or the constitution of this state or the United
 States.
   §  3. Paragraph (c) of subdivision 3 of section 530.14 of the criminal
 procedure law, as added by section 5 of part M of chapter 55 of the laws
 of 2020, is amended to read as follows:
   (c) the court [may] SHALL where the  defendant  willfully  refuses  to
 surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
 (b) of this subdivision, or MAY for other good cause  shown,  order  the
 immediate  seizure  of such firearm, rifle or shotgun, and search there-
 for, pursuant to an order issued in accordance with article six  hundred
 ninety  of  this  part, consistent with such rights as the defendant may
 derive from this article or the constitution of this state or the United
 States.
   § 4. Paragraph (c) of subdivision 1 of section  842-a  of  the  family
 court  act, as added by section 8 of part M of chapter 55 of the laws of
 2020, is amended to read as follows:
   (c) the court [may] SHALL where the  defendant  willfully  refuses  to
 surrender  such firearm, rifle or shotgun pursuant to paragraphs (a) and
 (b) of this subdivision, or MAY for other good cause  shown,  order  the
 immediate  seizure  of such firearm, rifle or shotgun, and search there-
 for, pursuant to an order issued in accordance with article six  hundred
 ninety of the criminal procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   §  5.  Paragraph  (c)  of subdivision 2 of section 842-a of the family
 court act, as added by section 9 of part M of chapter 55 of the laws  of
 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of  this  subdivision, or MAY for other good cause shown, order the
 immediate seizure of such firearm, rifle or shotgun, and  search  there-
 for,  pursuant to an order issued in accordance with article six hundred
 ninety of the criminal procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 6. Paragraph (c) of subdivision 3 of section  842-a  of  the  family
 court act, as added by section 10 of part M of chapter 55 of the laws of
 2020, is amended to read as follows:
   (c)  the  court  [may]  SHALL where the defendant willfully refuses to
 surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
 (b)  of  this  subdivision, or MAY for other good cause shown, order the
 immediate seizure of such firearm, rifle or shotgun, and  search  there-
 for,  pursuant to an order issued in accordance with article six hundred
 ninety of the criminal procedure law, consistent with such rights as the
 defendant may derive from this article or the constitution of this state
 or the United States.
   § 7. This act shall take effect immediately.

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Senate Bill S6363A

Share this bill

Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Alessandra Biaggi

2021-S6363 - Details

2021-S6363 - Summary

2021-S6363 - Sponsor Memo

2021-S6363 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

2021-S6363A (ACTIVE) - Details

2021-S6363A (ACTIVE) - Summary

2021-S6363A (ACTIVE) - Sponsor Memo

2021-S6363A (ACTIVE) - Bill Text download pdf

Comments