NY State Senate Bill 2021-S6443

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.577 delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading cal.609 substituted for a8105b
May 09, 2022	referred to codes returned to assembly repassed senate
May 04, 2022	amended on third reading 6443b
May 04, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
Apr 26, 2022	referred to codes delivered to assembly passed senate
Feb 16, 2022	advanced to third reading
Feb 15, 2022	2nd report cal.
Feb 14, 2022	1st report cal.470
Feb 08, 2022	print number 6443a
Feb 08, 2022	amend and recommit to codes
Jan 05, 2022	referred to codes returned to senate died in assembly
Jun 07, 2021	referred to codes delivered to assembly passed senate
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 19, 2021	1st report cal.1222
Apr 28, 2021	referred to codes

Votes

- May 9, 2022 - Floor Vote
  S6443
  
  48
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2022
      
      aye (48)
      
      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
      
      Martucci
      
      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 (14)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Stec
      
      Tedisco
      
      excused (1)
      
      Brouk
  Apr 26, 2022 - Floor Vote
  S6443
  
  48
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 26, 2022
      
      aye (48)
      
      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
      
      Martucci
      
      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 (14)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Stec
      
      Tedisco
      
      excused (1)
      
      Brouk
  Jun 7, 2021 - Floor Vote
  S6443
  
  48
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 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
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (15)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Stec
      
      Tedisco
      
      Weik
  Feb 14, 2022 - Codes Committee Vote
  S6443
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 14, 2022
      
      aye (13)
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Savino
      
      Sepúlveda
  May 19, 2021 - Codes Committee Vote
  S6443
  
  10
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 19, 2021
      
      aye (10)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (1)
      
      O'Mara
      
      aye wr (2)
      
      Gallivan
      
      Palumbo

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S6443 - Details

See Assembly Version of this Bill:: A8105
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-S6443 - 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-S6443 - Sponsor Memo

                                
 
BILL NUMBER: S6443

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to orders of protection

 
PURPOSE:

To protect victims of domestic violence by requiring criminal or family
court judges to inquire as to the defendant's or respondent's possession
of a firearm when orders of protection are issued.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the opening paragraph of subdivision 1 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the protected party as to the existence and
location of a firearm owned or possessed by the defendant upon issuance
of a temporary order of protection.

Section 2. of Amends the opening paragraph of subdivision 2 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the protected party as to the existence and
location of a firearm owned or possessed by the defendant upon issuance
of a temporary order of protection.

Section 3. Amends the opening paragraph of subdivision 3 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the protected party as to the existence and
location of a firearm owned or possessed by the defendant upon issuance
of a temporary order of protection.

Section 4. Amends the opening paragraph of subdivision 1 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 5. Amends the opening paragraph of subdivision 2 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 6. Amends the opening paragraph of subdivision 3 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 7. Sets the effective date.

 
JUSTIFICATION:

Current law provides for revocation or suspension of firearms licenses,
ineligibility for such licenses, and surrender (and in some cases,
seizure) of firearms upon issuance of orders of protection.  However,
the statutes do not require the court to actually inquire as to the
existence and location of any firearms owned or possessed by the defend-
ant or respondent. Currently, some judges do make such an inquiry, while
others do not. Posing the question helps flush out the existence of
firearms when disclosure may have otherwise been avoided. Accordingly,
this bill will help ensure that judges have information they need to
make the decisions already required by existing statutes by mandating
that this inquiry be made on issuance of orders of protection or upon
willful failure to obey previous orders. Courts will then have, as a
matter of record, disclosure regarding the existence and location of any
and all firearms owned or possessed by a defendant or respondent in
these matters.

 
PRIOR LEGISLATIVE HISTORY:

2013-14: S34 (Enacting clause stricken)
2011-12: S.1003-A
2009-10: A.4320-A/S.1647-A (Passed Assembly)
2007-08: A.1497/S.4416 (Passed Assembly)
2005-06: A.2404/S.1929 (Passed Assembly)
2004:A.6820 (Passed Assembly)

 
FISCAL IMPLICATIONS:

None.

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

2021-S6443 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6443
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 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 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10477-03-1

 S. 6443                             2
 
 eleven of section 530.12 or subdivision eight of section 530.13 of  this
 article  to  have willfully failed to obey an order of protection issued
 by a court of competent jurisdiction in this  state  or  another  state,
 territorial  or  tribal  jurisdiction, in addition to any other remedies
 available pursuant to subdivision eleven of section 530.12  or  subdivi-
 sion  eight 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:
   §  4.  The  opening paragraph of subdivision 1 of section 842-a of the
 family court act, 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 the issuance of a temporary order of protection. Whenever a  tempo-
 rary  order  of  protection  is issued pursuant to section eight hundred
 twenty-eight of this article, or pursuant to article  four,  five,  six,
 seven  or  ten of this act THE COURT SHALL INQUIRE OF THE RESPONDENT AND
 THE PETITIONER OR, IF THE PETITIONER IS NOT  THE  PROTECTED  PARTY,  ANY
 PARTY  PROTECTED  BY SUCH ORDER, IF THE COURT HAS REASON TO BELIEVE THAT
 SUCH PETITIONER OR 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 RESPONDENT AND:
   §  5.  The  opening paragraph of subdivision 2 of section 842-a of the
 family court act, 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 the issuance of an order of protection. Whenever  an
 order  of  protection is issued pursuant to section eight hundred forty-
 one of this part, or pursuant to article four, five, six, seven  or  ten
 of this act THE COURT SHALL INQUIRE OF THE RESPONDENT AND THE PETITIONER
 OR, IF THE PETITIONER IS NOT THE PROTECTED PARTY, ANY PARTY PROTECTED BY
 SUCH  ORDER,  IF THE COURT HAS REASON TO BELIEVE THAT SUCH PETITIONER OR
 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 RESPONDENT AND:
   § 6. The opening paragraph of subdivision 3 of section  842-a  of  the
 family  court  act,  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 or temporary order of protection. Whenever a  respondent  has
 been  found,  pursuant to section eight hundred forty-six-a of this part
 to have willfully failed to obey an order  of  protection  or  temporary
 order  of  protection  issued  pursuant  to  this  act  or  the domestic
 relations law, or by this court or by a court of competent  jurisdiction
 in another state, territorial or tribal jurisdiction, in addition to any
 other  remedies  available pursuant to section eight hundred forty-six-a
 of this part THE COURT SHALL INQUIRE OF THE RESPONDENT AND THE PETITION-
 ER OR, IF THE PETITIONER IS NOT THE PROTECTED PARTY, ANY PARTY PROTECTED
 BY SUCH ORDER, IF THE COURT HAS REASON TO BELIEVE THAT  SUCH  PETITIONER
 OR  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 RESPONDENT AND:
   § 7. This act shall take effect immediately.

co-Sponsors

2021-S6443A - Details

See Assembly Version of this Bill:: A8105
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-S6443A - Summary

2021-S6443A - Sponsor Memo

                                 
BILL NUMBER: S6443A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to orders of protection

 
PURPOSE:

To protect victims of domestic violence by requiring criminal or family
court judges to inquire as to the defendant's or respondent's possession
of a firearm when orders of protection are issued.

 
SUMMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the opening paragraph of subdivision 1 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the prosecutor as to the existence and location of
a firearm owned or possessed by the defendant upon issuance of a tempo-
rary order of protection.

Section 2. of Amends the opening paragraph of subdivision 2 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the prosecutor as to the existence and location of
a firearm owned or possessed by the defendant upon issuance of a tempo-
rary order of protection.

Section 3. Amends the opening paragraph of subdivision 3 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the prosecutor as to the existence and location of
a firearm owned or possessed by the defendant upon issuance of a tempo-
rary order of protection.

Section 4. Amends the opening paragraph of subdivision 1 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 5. Amends the opening paragraph of subdivision 2 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 6. Amends the opening paragraph of subdivision 3 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 7. Sets the effective date.

 
JUSTIFICATION:

Current law provides for revocation or suspension of firearms licenses,
ineligibility for such licenses, and surrender (and in some cases,
seizure) of firearms upon issuance of orders of protection.  However,
the statutes do not require the court to actually inquire as to the
existence and location of any firearms owned or possessed by the defend-
ant or respondent. Currently, some judges do make such an inquiry, while
others do not. Posing the question helps flush out the existence of
firearms when disclosure may have otherwise been avoided. Accordingly,
this bill will help ensure that judges have information they need to
make the decisions already required by existing statutes by mandating
that this inquiry be made on issuance of orders of protection or upon
willful failure to obey previous orders. Courts will then have, as a
matter of record, disclosure regarding the existence and location of any
and all firearms owned or possessed by a defendant or respondent in
these matters.

 
PRIOR LEGISLATIVE HISTORY:

2021: Passed Senate

2013-14: S34 (Enacting clause stricken)

2011-12: S.1003-A

2009-10: A.4320-A/S.1647-A (Passed Assembly)

2007-08: A.1497/S.4416 (Passed Assembly)

2005-06: A.2404/S.1929 (Passed Assembly)

2004:A.6820 (Passed Assembly)

 
FISCAL IMPLICATIONS:

None.

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

2021-S6443A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6443--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sens. MAYER, GAUGHRAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes  --  recom-
   mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
   sec. 8 -- 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.
                                                            LBD10477-04-2

 S. 6443--A                          2
 
 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
 eleven  of section 530.12 or subdivision eight of section 530.13 of this
 article to have willfully failed to obey an order of  protection  issued
 by  a  court  of  competent jurisdiction in this state or another state,
 territorial or tribal jurisdiction, in addition to  any  other  remedies
 available  pursuant  to subdivision eleven of section 530.12 or subdivi-
 sion eight 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:
   § 4. The opening paragraph of subdivision 1 of section  842-a  of  the
 family  court  act,  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  the issuance of a temporary order of protection. Whenever a tempo-
 rary order of protection is issued pursuant  to  section  eight  hundred
 twenty-eight  of  this  article, or pursuant to article four, five, six,
 seven or ten of this act THE COURT SHALL INQUIRE OF THE RESPONDENT  AND,
 OUTSIDE  OF  THE  PRESENCE  OF THE RESPONDENT, THE PETITIONER OR, IF THE
 PETITIONER IS NOT THE PROTECTED  PARTY,  ANY  PARTY  PROTECTED  BY  SUCH
 ORDER,  IF  THE  COURT  HAS  REASON  TO  BELIEVE THAT SUCH PETITIONER OR
 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 RESPONDENT AND:
   § 5. The opening paragraph of subdivision 2 of section  842-a  of  the
 family  court  act,  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 the issuance of an order of protection. Whenever an
 order of protection is issued pursuant to section eight  hundred  forty-
 one  of  this part, or pursuant to article four, five, six, seven or ten
 of this act THE COURT SHALL INQUIRE OF THE RESPONDENT  AND,  OUTSIDE  OF
 THE  PRESENCE OF THE RESPONDENT, THE PETITIONER OR, IF THE PETITIONER IS
 NOT THE PROTECTED PARTY, ANY PARTY PROTECTED BY SUCH ORDER, IF THE COURT
 HAS REASON TO BELIEVE THAT SUCH PETITIONER OR 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
 RESPONDENT AND:
   §  6.  The  opening paragraph of subdivision 3 of section 842-a of the
 family court act, 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  or  temporary order of protection. Whenever a respondent has
 been found, pursuant to section eight hundred forty-six-a of  this  part
 to  have  willfully  failed  to obey an order of protection or temporary
 order of  protection  issued  pursuant  to  this  act  or  the  domestic
 S. 6443--A                          3
 
 relations  law, or by this court or by a court of competent jurisdiction
 in another state, territorial or tribal jurisdiction, in addition to any
 other remedies available pursuant to section eight  hundred  forty-six-a
 of  this part THE COURT SHALL INQUIRE OF THE RESPONDENT AND, OUTSIDE THE
 PRESENCE OF THE RESPONDENT, THE PETITIONER OR, IF THE PETITIONER IS  NOT
 THE PROTECTED PARTY, ANY PARTY PROTECTED BY SUCH ORDER, IF THE COURT HAS
 REASON  TO  BELIEVE  THAT  SUCH PETITIONER OR 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
 RESPONDENT AND:
   § 7. This act shall take effect immediately.

co-Sponsors

2021-S6443B (ACTIVE) - Details

See Assembly Version of this Bill:: A8105
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.14, CP L; amd §842-a, Fam Ct Act

2021-S6443B (ACTIVE) - Summary

2021-S6443B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6443B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to orders of protection

 
PURPOSE:

To protect victims of domestic violence by requiring criminal or family
court judges to inquire as to the defendant's or respondent's possession
of a firearm when orders of protection are issued.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the opening paragraph of subdivision 1 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the prosecutor as to the existence and location of
a firearm owned or possessed by the defendant upon issuance of a tempo-
rary order of protection.

Section 2. of Amends the opening paragraph of subdivision 2 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the prosecutor as to the existence and location of
a firearm owned or possessed by the defendant upon issuance of a tempo-
rary order of protection.

Section 3. Amends the opening paragraph of subdivision 3 of section
530.14 of the Criminal Procedure Law by requiring the court to inquire
of the defendant and the prosecutor as to the existence and location of
a firearm owned or possessed by the defendant upon issuance of a tempo-
rary order of protection.

Section 4. Amends the opening paragraph of subdivision 1 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 5. Amends the opening paragraph of subdivision 2 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 6. Amends the opening paragraph of subdivision 3 of section
842-a of the Family Court Act by requiring the court to inquire of the
respondent and the protected party as to the existence and location of a
firearm owned or possessed by the defendant upon issuance of a temporary
order of protection.

Section 7. Sets the effective date.

 
JUSTIFICATION:

Current law provides for revocation or suspension of firearms licenses,
ineligibility for such licenses, and surrender (and in some cases,
seizure) of firearms upon issuance of orders of protection.  However,
the statutes do not require the court to actually inquire as to the
existence and location of any firearms owned or possessed by the defend-
ant or respondent. Currently, some judges do make such an inquiry, while
others do not. Posing the question helps flush out the existence of
firearms when disclosure may have otherwise been avoided. Accordingly,
this bill will help ensure that judges have information they need to
make the decisions already required by existing statutes by mandating
that this inquiry be made on issuance of orders of protection or upon
willful failure to obey previous orders. Courts will then have, as a
matter of record, disclosure regarding the existence and location of any
and all firearms owned or possessed by a defendant or respondent in
these matters.

 
PRIOR LEGISLATIVE HISTORY:

2021: Passed Senate

2013-14: S34 (Enacting clause stricken)

2011-12: S.1003-A

2009-10: A.4320-A/S.1647-A (Passed Assembly)

2007-08: A.1497/S.4416 (Passed Assembly)

2005-06: A.2404/S.1929 (Passed Assembly)

2004:A.6820 (Passed Assembly)

 
FISCAL IMPLICATIONS:

None.

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

2021-S6443B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6443--B
     Cal. No. 470
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sens. MAYER, GAUGHRAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes  --  recom-
   mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, passed by Senate and delivered  to  the  Assembly,  recalled,
   vote  reconsidered,  restored  to  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10477-08-2
 S. 6443--B                          2
 
 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
 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:
   §  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
 eleven  of section 530.12 or subdivision eight of section 530.13 of this
 article to have willfully failed to obey an order of  protection  issued
 by  a  court  of  competent jurisdiction in this state or another state,
 territorial or tribal jurisdiction, in addition to  any  other  remedies
 available  pursuant  to subdivision eleven of section 530.12 or subdivi-
 sion eight 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:
   § 4. The opening paragraph of subdivision 1 of section  842-a  of  the
 family  court  act,  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  the issuance of a temporary order of protection. Whenever a tempo-
 rary order of protection is issued pursuant  to  section  eight  hundred
 twenty-eight  of  this  article, or pursuant to article four, five, six,
 seven or ten of this act THE COURT SHALL INQUIRE OF THE RESPONDENT  AND,
 OUTSIDE  OF  THE  PRESENCE  OF THE RESPONDENT, THE PETITIONER OR, IF THE
 PETITIONER IS NOT THE PROTECTED  PARTY,  ANY  PARTY  PROTECTED  BY  SUCH
 ORDER,  IF  THE  COURT  HAS  REASON  TO  BELIEVE THAT SUCH PETITIONER OR
 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 RESPONDENT AND:
   § 5. The opening paragraph of subdivision 2 of section  842-a  of  the
 family  court  act,  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 the issuance of an order of protection. Whenever an
 order of protection is issued pursuant to section eight  hundred  forty-
 one  of  this part, or pursuant to article four, five, six, seven or ten
 of this act THE COURT SHALL INQUIRE OF THE RESPONDENT  AND,  OUTSIDE  OF
 THE  PRESENCE OF THE RESPONDENT, THE PETITIONER OR, IF THE PETITIONER IS
 NOT THE PROTECTED PARTY, ANY PARTY PROTECTED BY SUCH ORDER, IF THE COURT
 HAS REASON TO BELIEVE THAT SUCH PETITIONER OR 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
 RESPONDENT AND:
   §  6.  The  opening paragraph of subdivision 3 of section 842-a of the
 family court act, 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
 S. 6443--B                          3
 
 protection  or  temporary order of protection. Whenever a respondent has
 been found, pursuant to section eight hundred forty-six-a of  this  part
 to  have  willfully  failed  to obey an order of protection or temporary
 order  of  protection  issued  pursuant  to  this  act  or  the domestic
 relations law, or by this court or by a court of competent  jurisdiction
 in another state, territorial or tribal jurisdiction, in addition to any
 other  remedies  available pursuant to section eight hundred forty-six-a
 of this part THE COURT SHALL INQUIRE OF THE RESPONDENT AND, OUTSIDE  THE
 PRESENCE  OF THE RESPONDENT, THE PETITIONER OR, IF THE PETITIONER IS NOT
 THE PROTECTED PARTY, ANY PARTY PROTECTED BY SUCH ORDER, IF THE COURT HAS
 REASON TO BELIEVE THAT SUCH PETITIONER OR  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
 RESPONDENT AND:
   § 7. This act shall take effect immediately.

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Senate Bill S6443

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 9, 2022 - Floor Vote

Floor Vote: May 9, 2022

Apr 26, 2022 - Floor Vote

Floor Vote: Apr 26, 2022

Jun 7, 2021 - Floor Vote

Floor Vote: Jun 7, 2021

Feb 14, 2022 - Codes Committee Vote

Codes Committee Vote: Feb 14, 2022

May 19, 2021 - Codes Committee Vote

Codes Committee Vote: May 19, 2021

Bill Amendments

co-Sponsors

2021-S6443 - Details

2021-S6443 - Summary

2021-S6443 - Sponsor Memo

2021-S6443 - Bill Text download pdf

co-Sponsors

2021-S6443A - Details

2021-S6443A - Summary

2021-S6443A - Sponsor Memo

2021-S6443A - Bill Text download pdf

co-Sponsors

2021-S6443B (ACTIVE) - Details

2021-S6443B (ACTIVE) - Summary

2021-S6443B (ACTIVE) - Sponsor Memo

2021-S6443B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6443

Share this bill

Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

James Gaughran

2021-S6443 - Details

2021-S6443 - Summary

2021-S6443 - Sponsor Memo

2021-S6443 - Bill Text download pdf

co-Sponsors

James Gaughran

2021-S6443A - Details

2021-S6443A - Summary

2021-S6443A - Sponsor Memo

2021-S6443A - Bill Text download pdf

co-Sponsors

James Gaughran

2021-S6443B (ACTIVE) - Details

2021-S6443B (ACTIVE) - Summary

2021-S6443B (ACTIVE) - Sponsor Memo

2021-S6443B (ACTIVE) - Bill Text download pdf

Comments