Bill S34-2013

Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection to inquire as to the possession of a firearm

Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection, to inquire as to the ownership of a firearm by the defendant or respondent.

Details

Actions

  • Mar 4, 2013: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S34

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

PURPOSE OR GENERAL IDEA OF BILL: This bill would protect victims of domestic violence by requiring criminal or family court judges to inquire about the defendant's or respondent's possession of a firearm when orders of protection are sought.

SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill 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 as to the existence and location of any firearm owned or possessed by the defendant, upon issuance of a temporary order of protection.

Section 2 of the bill amends the opening paragraph of subdivision 2 of section 530.14 of the Criminal Procedure Law by requiring the court to inquire of defendant as to the existence and location of any firearm owned or possessed by the defendant, upon issuance of an order of protection.

Section 3 of the bill amends the opening paragraph of subdivision 3 of section 530.14 of the Criminal Procedure Law by requiring the court to inquire of defendant as to the existence and location of any firearm owned or possessed by the defendant whenever a defendant has been found 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, pursuant to subdivision eleven of section 530.12 or subdivision eight of section 530.13.

Section 4 of the bill amends the opening paragraph of subdivision 1 of section 842-a of the Family Court Act by requiring the court to inquire of respondent as to the existence and location of any firearm owned or possessed by the respondent, upon issuance of an order of protection.

Section 5 of the bill amends the opening paragraph of subdivision 2 of section 842-a of the Family Court Act by requiring the court to inquire of respondent as to the existence and location of any firearm owned or possessed by the respondent, upon issuance of an order of protection.

Section 6 of the bill amends the opening paragraph of subdivision 3 of section 842-a of the Family Court Act by requiring the court to inquire of respondent as to the existence and location of any firearm owned or possessed by the respondent whenever a respondent has been found 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, pursuant to section eight hundred forty six-a.

Section 7 establishes that this act shall take effect immediately.

The amendments in the A-print do not change the intention or overall effect of the bill. The A-print now amends two additional subdivisions of Family Court Act section 842-a that were inadvertently omitted from the original bill. The changes are in sections 5 and 6 of the bill.

JUSTIFICATION: Current law provides for the mandatory and permissive revocation or suspension of firearms licenses and ineligibility for such licenses upon issuance of temporary orders of protection or orders of protection. However, those statutes do not require the court to actually inquire as to the existence and location of any firearms owned or possessed by the defendant or respondent. Currently, some judges do make such an inquiry, while others do not. 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. Thus, courts will have, as a matter of record, disclosure by defendants or respondents regarding the existence and location of any and all firearms owned or possessed by a defendant or respondent in these matters.

PRIOR LEGISLATIVE HISTORY: 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 34 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PERALTA -- 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 added by chapter 644 of the laws of 1996, is amended to read as follows: Mandatory and permissive suspension of firearms license and ineligi- bility 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 AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM OWNED OR POSSESSED BY THE DEFENDANT AND: S 2. The opening paragraph of subdivision 2 of section 530.14 of the criminal procedure law, as added by chapter 644 of the laws of 1996, is amended to read as follows: Mandatory and permissive 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 subdi- vision five of section 530.12 or subdivision four of section 530.13 of this article THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO THE EXIST- ENCE AND LOCATION OF ANY FIREARM OWNED OR POSSESSED BY THE DEFENDANT AND: S 3. The opening paragraph of subdivision 3 of section 530.14 of the criminal procedure law, as amended by chapter 597 of the laws of 1998, is amended to read as follows:
Mandatory and permissive 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 subdivision eight of section 530.13 of this article THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM OWNED OR POSSESSED BY THE DEFENDANT AND: S 4. The opening paragraph of subdivision 1 of section 842-a of the family court act, as added by chapter 644 of the laws of 1996, is amended to read as follows: Mandatory and permissive suspension of firearms license and ineligi- bility for such a license upon the issuance of a temporary order of protection. Whenever a temporary order of protection is issued pursuant to section eight hundred twenty-eight of this article THE COURT SHALL INQUIRE OF THE RESPONDENT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM OWNED OR POSSESSED BY THE RESPONDENT AND: S 5. The opening paragraph of subdivision 2 of section 842-a of the family court act, as added by chapter 644 of the laws of 1996, is amended to read as follows: Mandatory and permissive 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 THE COURT SHALL INQUIRE OF THE RESPONDENT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM OWNED OR POSSESSED BY THE RESPONDENT AND: S 6. The opening paragraph of subdivision 3 of section 842-a of the family court act, as amended by chapter 597 of the laws of 1998, is amended to read as follows: Mandatory and permissive 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 respondent has been found, pursuant to section eight hundred forty-six-a of this part to have will- fully failed to obey an order of protection issued by this court or an order of protection issued 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 AS TO THE EXIST- ENCE AND LOCATION OF ANY FIREARM OWNED OR POSSESSED BY THE RESPONDENT AND: S 7. This act shall take effect immediately.

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