Bill Text: NY A01224 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the safe homes act authorizing law enforcement to remove firearms found on the premises where there has been a report of domestic violence.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A01224 Detail]

Download: New_York-2017-A01224-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1224
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROZIC,  ABINANTI,  ARROYO,  COOK, GOTTFRIED,
          KAVANAGH, M. G. MILLER, MOSLEY, O'DONNELL, PAULIN, PICHARDO, SEAWRIGHT
          -- Multi-Sponsored by -- M. of A. GLICK, RIVERA, SEPULVEDA,  SIMON  --
          read once and referred to the Committee on Codes
        AN  ACT to amend the criminal procedure law, in relation to establishing
          the safe homes act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "safe homes
     2  act".
     3    § 2. Section 140.10 of the criminal procedure law is amended by adding
     4  a new subdivision 6 to read as follows:
     5    6.  (a)  A police officer who responds to a report of a family offense
     6  as defined in section 530.11 of this chapter and section  eight  hundred
     7  twelve  of  the  family court act may, in the interest of public safety,
     8  take temporary custody of any firearm, rifle, electronic dart gun, elec-
     9  tronic stun gun,  disguised  gun,  imitation  weapon,  shotgun,  antique
    10  firearm,  black  powder  rifle,  black powder shotgun, or muzzle-loading
    11  firearm that is in plain sight or is discovered pursuant to a consensual
    12  or other lawful search, and shall take temporary  custody  of  any  such
    13  weapon  that is in the possession of any person arrested for the commis-
    14  sion of such family offense or suspected of its commission.  An  officer
    15  who  takes  custody  of any weapon pursuant to this paragraph shall also
    16  take custody of any license to carry, possess,  repair  and  dispose  of
    17  such  weapon  issued to the person suspected of such family offense. The
    18  officer shall deliver such weapon and/or license to the appropriate  law
    19  enforcement  officer  as provided in paragraph (f) of subdivision one of
    20  section 265.20 of the penal law.
    21    (b) Upon taking custody of weapons or a license described in paragraph
    22  (a) of this subdivision, the responding officer shall give the owner  or
    23  person  in  possession  of  such weapons or license a receipt describing
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00432-01-7
        A. 1224                             2
     1  such weapons or license and  indicating  any  identification  or  serial
     2  number on such weapons. Such receipt shall indicate where the weapons or
     3  license  can be recovered and describe the process for recovery provided
     4  in paragraph (d) of this subdivision.
     5    (c)  A  weapon  described in paragraph (a) of this subdivision that is
     6  utilized in the commission of an offense, that is unlawfully  possessed,
     7  or  that a court orders to be surrendered pursuant to subdivision two or
     8  subdivision three of section eight hundred  forty-two-a  of  the  family
     9  court act shall be declared a nuisance as provided in subdivision one of
    10  section  400.05  of  the  penal law and either disposed of in the manner
    11  described in subdivision two or  retained  as  provided  in  subdivision
    12  three of section 400.05 of the penal law.
    13    (d)  Not  less  than  one hundred twenty hours or, in the event that a
    14  Saturday, Sunday or legal holiday occurs during such period, one hundred
    15  forty-four hours after a weapon, other than a weapon described in  para-
    16  graph  (c)  of  this  subdivision,  is  taken  into temporary custody as
    17  provided in paragraph (a) of this subdivision, the owner or  person  who
    18  was  in lawful possession of such weapon shall have the right to arrange
    19  for the sale or transfer of such weapon to a dealer, or  to  himself  or
    20  herself,  in the manner provided in subdivision six of section 400.05 of
    21  the penal law.
    22    § 3. This act shall take effect immediately.