Bill Text: NY A00754 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A00754 Detail]
Download: New_York-2013-A00754-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 754 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. MARKEY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to the mandatory suspension and revocation of firearms licenses upon issuance of orders of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The opening paragraph and paragraph (b) of subdivision 1 2 of section 530.14 of the criminal procedure law, as added by chapter 644 3 of the laws of 1996, are amended to read as follows: 4 Mandatory [and permissive] suspension of firearms license and ineligi- 5 bility for such a license upon issuance of temporary order of 6 protection. Whenever a temporary order of protection is issued pursuant 7 to subdivision one of section 530.12 or subdivision one of section 8 530.13 of this article: 9 (b) the court [may] SHALL where the court finds a substantial risk 10 that the defendant may use or threaten to use a firearm unlawfully 11 against the person or persons for whose protection the temporary order 12 of protection is issued, suspend any such existing license possessed by 13 the defendant, order the defendant ineligible for such a license and 14 order the immediate surrender of any or all firearms owned or possessed. 15 S 2. Subdivision 2 of section 530.14 of the criminal procedure law, 16 as added by chapter 644 of the laws of 1996, is amended to read as 17 follows: 18 2. Mandatory [and permissive] revocation or suspension of firearms 19 license and ineligibility for such a license upon issuance of an order 20 of protection. Whenever an order of protection is issued pursuant to 21 subdivision five of section 530.12 or subdivision four of section 530.13 22 of this article: 23 (a) the court shall revoke any such existing license possessed by the 24 defendant, order the defendant ineligible for such a license and order 25 the immediate surrender of any or all firearms owned or possessed where 26 such action is required by section 400.00 of the penal law; and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01085-01-3 A. 754 2 1 (b) the court [may] SHALL where the court finds a substantial risk 2 that the defendant may use or threaten to use a firearm unlawfully 3 against the person or persons for whose protection the order of 4 protection is issued, (i) revoke any such existing license possessed by 5 the defendant, order the defendant ineligible for such a license and 6 order the immediate surrender of any or all firearms owned or possessed 7 or (ii) suspend or continue to suspend any such existing license 8 possessed by the defendant, order the defendant ineligible for such a 9 license and order the immediate surrender of any or all firearms owned 10 or possessed. 11 S 3. The opening paragraph and paragraph (b) of subdivision 3 of 12 section 530.14 of the criminal procedure law, the opening paragraph as 13 amended by chapter 597 of the laws of 1998 and paragraph (b) as added by 14 chapter 644 of the laws of 1996, are amended to read as follows: 15 Mandatory [and permissive] revocation or suspension of firearms 16 license and ineligibility for such a license upon a finding of a willful 17 failure to obey an order of protection. Whenever a defendant has been 18 found pursuant to subdivision eleven of section 530.12 or subdivision 19 eight of section 530.13 of this article to have willfully failed to obey 20 an order of protection issued by a court of competent jurisdiction in 21 this state or another state, territorial or tribal jurisdiction, in 22 addition to any other remedies available pursuant to subdivision eleven 23 of section 530.12 or subdivision eight of section 530.13 of this arti- 24 cle: 25 (b) the court [may] SHALL where the court finds a substantial risk 26 that the defendant may use or threaten to use a firearm unlawfully 27 against the person or persons for whose protection the order of 28 protection was issued, (i) revoke any such existing license possessed by 29 the defendant, order the defendant ineligible for such a license and 30 order the immediate surrender of any or all firearms owned or possessed 31 or (ii) suspend any such existing license possessed by the defendant, 32 order the defendant ineligible for such a license and order the immedi- 33 ate surrender of any or all firearms owned or possessed. 34 S 4. Subdivision 1 of section 842-a of the family court act, as added 35 by chapter 644 of the laws of 1996 and paragraph (a) as amended by chap- 36 ter 434 of the laws of 2000, is amended to read as follows: 37 1. Mandatory [and permissive] suspension of firearms license and inel- 38 igibility for such a license upon the issuance of a temporary order of 39 protection. Whenever a temporary order of protection is issued pursuant 40 to section eight hundred twenty-eight of this article: 41 (a) the court shall suspend any such existing license possessed by the 42 respondent, order the respondent ineligible for such a license, and 43 order the immediate surrender of any or all firearms owned or possessed 44 where the court receives information that gives the court good cause to 45 believe that: (i) the respondent has a prior conviction of any violent 46 felony offense as defined in section 70.02 of the penal law; (ii) the 47 respondent has previously been found to have willfully failed to obey a 48 prior order of protection and such willful failure involved (A) the 49 infliction of [serious] physical injury, as defined in subdivision [ten] 50 NINE of section 10.00 of the penal law, (B) the use or threatened use of 51 a deadly weapon or dangerous instrument as those terms are defined in 52 subdivisions twelve and thirteen of section 10.00 of the penal law, or 53 (C) behavior constituting any violent felony offense as defined in 54 section 70.02 of the penal law; or (iii) the respondent has a prior 55 conviction for stalking in the first degree as defined in section 120.60 56 of the penal law, stalking in the second degree as defined in section A. 754 3 1 120.55 of the penal law, stalking in the third degree as defined in 2 section 120.50 of the penal law or stalking in the fourth degree as 3 defined in section 120.45 of such law; and 4 (b) the court [may] SHALL where the court finds a substantial risk 5 that the respondent may use or threaten to use a firearm unlawfully 6 against the person or persons for whose protection the temporary order 7 of protection is issued, suspend any such existing license possessed by 8 the respondent, order the respondent ineligible for such a license, and 9 order the immediate surrender of any or all firearms owned or possessed. 10 S 5. Subdivision 2 of section 842-a of the family court act, as added 11 by chapter 644 of the laws of 1996, is amended to read as follows: 12 2. Mandatory [and permissive] revocation or suspension of firearms 13 license and ineligibility for such a license upon the issuance of an 14 order of protection. Whenever an order of protection is issued pursuant 15 to section eight hundred forty-one of this part: 16 (a) the court shall revoke any such existing license possessed by the 17 respondent, order the respondent ineligible for such a license, and 18 order the immediate surrender of any or all firearms owned or possessed 19 where the court finds that the conduct which resulted in the issuance of 20 the order of protection involved (i) the infliction of [serious] phys- 21 ical injury, as defined in subdivision [ten] NINE of section 10.00 of 22 the penal law, (ii) the use or threatened use of a deadly weapon or 23 dangerous instrument as those terms are defined in subdivisions twelve 24 and thirteen of section 10.00 of the penal law, or (iii) behavior 25 constituting any violent felony offense as defined in section 70.02 of 26 the penal law; and 27 (b) the court [may] SHALL, where the court finds a substantial risk 28 that the respondent may use or threaten to use a firearm unlawfully 29 against the person or persons for whose protection the order of 30 protection is issued, (i) revoke any such existing license possessed by 31 the respondent, order the respondent ineligible for such a license and 32 order the immediate surrender of any or all firearms owned or possessed 33 or (ii) suspend or continue to suspend any such existing license 34 possessed by the respondent, order the respondent ineligible for such a 35 license, and order the immediate surrender of any or all firearms owned 36 or possessed. 37 S 6. Subdivision 3 of section 842-a of the family court act, as added 38 by chapter 644 of the laws of 1996, the opening paragraph as amended by 39 chapter 597 of the laws of 1998 and paragraph (a) as amended by chapter 40 635 of the laws of 1999, is amended to read as follows: 41 3. Mandatory [and permissive] revocation or suspension of firearms 42 license and ineligibility for such a license upon a finding of a willful 43 failure to obey an order of protection. Whenever a respondent has been 44 found, pursuant to section eight hundred forty-six-a of this part to 45 have willfully failed to obey an order of protection issued by this 46 court or an order of protection issued by a court of competent jurisdic- 47 tion in another state, territorial or tribal jurisdiction, in addition 48 to any other remedies available pursuant to section eight hundred 49 forty-six-a of this part: 50 (a) the court shall revoke any such existing license possessed by the 51 respondent, order the respondent ineligible for such a license, and 52 order the immediate surrender of any or all firearms owned or possessed 53 where the willful failure to obey such order involves (i) the infliction 54 of [serious] physical injury, as defined in subdivision [ten] NINE of 55 section 10.00 of the penal law, (ii) the use or threatened use of a 56 deadly weapon or dangerous instrument as those terms are defined in A. 754 4 1 subdivisions twelve and thirteen of section 10.00 of the penal law, or 2 (iii) behavior constituting any violent felony offense as defined in 3 section 70.02 of the penal law; or (iv) behavior constituting stalking 4 in the first degree as defined in section 120.60 of the penal law, 5 stalking in the second degree as defined in section 120.55 of the penal 6 law, stalking in the third degree as defined in section 120.50 of the 7 penal law or stalking in the fourth degree as defined in section 120.45 8 of such law; and 9 (b) the court [may] SHALL where the court finds a substantial risk 10 that the respondent may use or threaten to use a firearm unlawfully 11 against the person or persons for whose protection the order of 12 protection was issued, (i) revoke any such existing license possessed by 13 the respondent, order the respondent ineligible for such a license, 14 whether or not the respondent possesses such a license, and order the 15 immediate surrender of any or all firearms owned or possessed or (ii) 16 suspend any such existing license possessed by the respondent, order the 17 respondent ineligible for such a license, and order the immediate 18 surrender of any or all firearms owned or possessed. 19 S 7. Section 846-a of the family court act, as amended by chapter 597 20 of the laws of 1998, is amended to read as follows: 21 S 846-a. Powers on failure to obey order. If a respondent is brought 22 before the court for failure to obey any lawful order issued under this 23 article or an order of protection issued by a court of competent juris- 24 diction of another state, territorial or tribal jurisdiction in a 25 proceeding and if, after hearing, the court is satisfied by competent 26 proof that the respondent has willfully failed to obey any such order, 27 the court may modify an existing order to add reasonable conditions of 28 behavior to the existing order of protection, make a new order of 29 protection in accordance with section eight hundred forty-two OF THIS 30 PART, may order the forfeiture of bail in a manner consistent with arti- 31 cle five hundred forty of the criminal procedure law if bail has been 32 ordered pursuant to this act, may order the respondent to pay the 33 petitioner's reasonable and necessary counsel fees in connection with 34 the violation petition where the court finds that the violation of its 35 order was willful, and may commit the respondent to jail for a term not 36 to exceed six months. Such commitment may be served upon certain speci- 37 fied days or parts of days as the court may direct, and the court may, 38 at any time within the term of such sentence, revoke such suspension and 39 commit the respondent for the remainder of the original sentence, or 40 suspend the remainder of such sentence. If the court determines that the 41 willful failure to obey such order involves violent behavior constitut- 42 ing the crimes of menacing, reckless endangerment, assault or attempted 43 assault and if such a respondent is licensed to carry, possess, repair 44 and dispose of firearms pursuant to section 400.00 of the penal law, the 45 court [may] SHALL also immediately revoke such license and [may] SHALL 46 arrange for the immediate surrender and disposal of any firearm such 47 respondent owns or possesses. If the willful failure to obey such order 48 involves the infliction of [serious] physical injury as defined in 49 subdivision [ten] NINE of section 10.00 of the penal law or the use or 50 threatened use of a deadly weapon or dangerous instrument, as those 51 terms are defined in subdivisions twelve and thirteen of section 10.00 52 of the penal law, such revocation and immediate surrender and disposal 53 of any firearm owned or possessed by respondent shall be mandatory, 54 pursuant to subdivision eleven of section 400.00 of the penal law. 55 S 8. This act shall take effect immediately.