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.

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S34-2013 Actions

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

S34-2013 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.

S34-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     34

                         2013-2014 Regular Sessions

                              I N  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:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00350-01-3

 S. 34                               2

    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.