Bill Text: NY S04067 | 2019-2020 | General Assembly | Introduced


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 1-0)

Status: (Introduced) 2019-02-27 - REFERRED TO CODES [S04067 Detail]

Download: New_York-2019-S04067-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4067
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 27, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed 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
    24  such  weapons  or  license  and  indicating any identification or serial
    25  number on such weapons. Such receipt shall indicate where the weapons or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06591-01-9

        S. 4067                             2
     1  license can be recovered and describe the process for recovery  provided
     2  in paragraph (d) of this subdivision.
     3    (c)  A  weapon  described in paragraph (a) of this subdivision that is
     4  utilized in the commission of an offense, that is unlawfully  possessed,
     5  or  that a court orders to be surrendered pursuant to subdivision two or
     6  subdivision three of section eight hundred  forty-two-a  of  the  family
     7  court act shall be declared a nuisance as provided in subdivision one of
     8  section  400.05  of  the  penal law and either disposed of in the manner
     9  described in subdivision two or  retained  as  provided  in  subdivision
    10  three of section 400.05 of the penal law.
    11    (d)  Not  less  than  one hundred twenty hours, or in the event that a
    12  Saturday, Sunday or legal holiday occurs during such period, one hundred
    13  forty-four hours, after a weapon other than a weapon described in  para-
    14  graph  (c)  of  this  subdivision,  is  taken  into temporary custody as
    15  provided in paragraph (a) of this subdivision, the owner or  person  who
    16  was  in lawful possession of such weapon shall have the right to arrange
    17  for the sale or transfer of such weapon to a dealer, or  to  himself  or
    18  herself,  in the manner provided in subdivision six of section 400.05 of
    19  the penal law.
    20    § 3. This act shall take effect immediately.
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