Bill Text: NY S08121 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the possession of weapons by domestic violence offenders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-12 - SIGNED CHAP.60 [S08121 Detail]
Download: New_York-2017-S08121-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8121 IN SENATE March 30, 2018 ___________ Introduced by Sen. PHILLIPS -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, the criminal procedure law and the family court act, in relation to the possession of weapons by domestic violence offenders; and to repeal certain provisions of the criminal procedure law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 17 of section 265.00 of the penal law is 2 amended by adding a new paragraph (c) to read as follows: 3 (c) any of the following offenses, where the defendant and the person 4 against whom the offense was committed were members of the same family 5 or household as defined in subdivision one of section 530.11 of the 6 criminal procedure law and as established pursuant to section 370.15 of 7 the criminal procedure law: assault in the third degree; menacing in 8 the third degree; menacing in the second degree; criminal obstruction of 9 breathing or blood circulation; unlawful imprisonment in the second 10 degree; coercion in the third degree; criminal tampering in the third 11 degree; criminal contempt in the second degree; harassment in the first 12 degree; aggravated harassment in the second degree; criminal trespass in 13 the third degree; criminal trespass in the second degree; arson in the 14 fifth degree; or attempt to commit any of the above-listed offenses. 15 § 2. Section 370.15 of the criminal procedure law is REPEALED and a 16 new section 370.15 is added to read as follows: 17 § 370.15 Procedure for determining whether certain misdemeanor crimes 18 are serious offenses under the penal law. 19 1. When a defendant has been charged with assault in the third degree, 20 menacing in the third degree, menacing in the second degree, criminal 21 obstruction of breathing or blood circulation, unlawful imprisonment in 22 the second degree, coercion in the third degree, criminal tampering in 23 the third degree, criminal contempt in the second degree, harassment in 24 the first degree, aggravated harassment in the second degree, criminal 25 trespass in the third degree, criminal trespass in the second degree, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12054-02-8S. 8121 2 1 arson in the fifth degree, or attempt to commit any of the above-listed 2 offenses, the people may, at arraignment or no later than forty-five 3 days after arraignment, serve on the defendant and file with the court a 4 notice alleging that the defendant and the person alleged to be the 5 victim of such crime were members of the same family or household as 6 defined in subdivision one of section 530.11 of this chapter. 7 2. Such notice shall include the name of the person alleged to be the 8 victim of such crime and shall specify the nature of the alleged 9 relationship as set forth in subdivision one of section 530.11 of this 10 chapter. Upon conviction of such offense, the court shall advise the 11 defendant that he or she is entitled to a hearing solely on the allega- 12 tion contained in the notice and, if necessary, an adjournment of the 13 sentencing proceeding in order to prepare for such hearing, and that if 14 such allegation is sustained, that determination and conviction will be 15 reported to the division of criminal justice services. 16 3. After having been advised by the court as provided in subdivision 17 two of this section, the defendant may stipulate or admit, orally on the 18 record or in writing, that he or she is related or situated to the 19 victim of such crime in the manner described in subdivision one of this 20 section. In such case, such relationship shall be deemed established. 21 If the defendant denies that he or she is related or situated to the 22 victim of the crime as alleged in the notice served by the people, or 23 stands mute with respect to such allegation, then the people shall bear 24 the burden to prove beyond a reasonable doubt that the defendant is 25 related or situated to the victim in the manner alleged in the notice. 26 The court may consider reliable hearsay evidence submitted by either 27 party provided that it is relevant to the determination of the allega- 28 tion. Facts previously proven at trial or elicited at the time of entry 29 of a plea of guilty shall be deemed established beyond a reasonable 30 doubt and shall not be relitigated. At the conclusion of the hearing, or 31 upon such a stipulation or admission, as applicable, the court shall 32 make a specific written determination with respect to such allegation. 33 § 3. Section 380.97 of the criminal procedure law is REPEALED and a 34 new section 380.97 is added to read as follows: 35 § 380.97 Notification to division of criminal justice services of 36 certain misdemeanor convictions. 37 Upon judgment of conviction of assault in the third degree, menacing 38 in the third degree, menacing in the second degree, criminal obstruction 39 of breathing or blood circulation, unlawful imprisonment in the second 40 degree, coercion in the third degree, criminal tampering in the third 41 degree, criminal contempt in the second degree, harassment in the first 42 degree, or aggravated harassment in the second degree, criminal trespass 43 in the third degree, criminal trespass in the second degree, arson in 44 the fifth degree, or attempt to commit any of the above-listed offenses, 45 when the defendant and victim have been determined, pursuant to section 46 370.15 of this part, to be members of the same family or household as 47 defined in subdivision one of section 530.11 of this chapter, the clerk 48 of the court shall include notification and a copy of the written deter- 49 mination in a report of such conviction to the division of criminal 50 justice services to enable the division to report such determination to 51 the Federal Bureau of Investigation and assist the bureau in identifying 52 persons prohibited from purchasing and possessing a firearm or other 53 weapon due to conviction of an offense specified in paragraph c of 54 subdivision seventeen of section 265.00 of the penal law. 55 § 4. Section 530.14 of the criminal procedure law, as added by chapter 56 644 of the laws of 1996, the opening paragraph of subdivision 1, para-S. 8121 3 1 graph (b) of subdivision 1, the opening paragraph of subdivision 2, 2 paragraph (b) of subdivision 2, the opening paragraph of subdivision 3 3 and paragraph (b) of subdivision 3 as amended by chapter 1 of the laws 4 of 2013, paragraph (a) of subdivision 1 as amended by chapter 434 of the 5 laws of 2000, clause (A) of subparagraph (ii) of paragraph (a) of subdi- 6 vision 1 and subparagraph (i) of paragraph (a) of subdivision 3 as 7 amended by chapter 198 of the laws of 2007, and paragraph (a) of subdi- 8 vision 3 as amended by chapter 635 of the laws of 1999, is amended to 9 read as follows: 10 § 530.14 Suspension and revocation of a license to carry, possess, 11 repair or dispose of a firearm or firearms pursuant to 12 section 400.00 of the penal law and ineligibility for such a 13 license; order to surrender firearms. 14 1. Suspension of firearms license and ineligibility for such a license 15 upon issuance of temporary order of protection. Whenever a temporary 16 order of protection is issued pursuant to subdivision one of section 17 530.12 or subdivision one of section 530.13 of this article: 18 (a) the court shall suspend any such existing license possessed by the 19 defendant, order the defendant ineligible for such a license and order 20 the immediate surrender of any or all firearms, rifles and shotguns 21 owned or possessed where the court receives information that gives the 22 court good cause to believe that (i) the defendant has a prior 23 conviction of any violent felony offense as defined in section 70.02 of 24 the penal law; (ii) the defendant has previously been found to have 25 willfully failed to obey a prior order of protection and such willful 26 failure involved (A) the infliction of physical injury, as defined in 27 subdivision nine of section 10.00 of the penal law, (B) the use or 28 threatened use of a deadly weapon or dangerous instrument as those terms 29 are defined in subdivisions twelve and thirteen of section 10.00 of the 30 penal law, or (C) behavior constituting any violent felony offense as 31 defined in section 70.02 of the penal law; or (iii) the defendant has a 32 prior conviction for stalking in the first degree as defined in section 33 120.60 of the penal law, stalking in the second degree as defined in 34 section 120.55 of the penal law, stalking in the third degree as defined 35 in section 120.50 of the penal law or stalking in the fourth degree as 36 defined in section 120.45 of such law; and 37 (b) the court shall where the court finds a substantial risk that the 38 defendant may use or threaten to use a firearm, rifle or shotgun unlaw- 39 fully against the person or persons for whose protection the temporary 40 order of protection is issued, suspend any such existing license 41 possessed by the defendant, order the defendant ineligible for such a 42 license and order the immediate surrender pursuant to subparagraph (f) 43 of paragraph one of subdivision a of section 265.20 and subdivision six 44 of section 400.05 of the penal law, of any or all firearms, rifles and 45 shotguns owned or possessed. 46 2. Revocation or suspension of firearms license and ineligibility for 47 such a license upon issuance of an order of protection. Whenever an 48 order of protection is issued pursuant to subdivision five of section 49 530.12 or subdivision four of section 530.13 of this article: 50 (a) the court shall revoke any such existing license possessed by the 51 defendant, order the defendant ineligible for such a license and order 52 the immediate surrender of any or all firearms, rifles and shotguns 53 owned or possessed where such action is required by section 400.00 of 54 the penal law; and 55 (b) the court shall where the court finds a substantial risk that the 56 defendant may use or threaten to use a firearm, rifles or shotgunsS. 8121 4 1 unlawfully against the person or persons for whose protection the order 2 of protection is issued, (i) revoke any such existing license possessed 3 by the defendant, order the defendant ineligible for such a license and 4 order the immediate surrender of any or all firearms, rifles and shot- 5 guns owned or possessed or (ii) suspend or continue to suspend any such 6 existing license possessed by the defendant, order the defendant ineli- 7 gible for such a license and order the immediate surrender pursuant to 8 subparagraph (f) of paragraph one of subdivision a of section 265.20 and 9 subdivision six of section 400.05 of the penal law, of any or all 10 firearms, rifles and shotguns owned or possessed. 11 3. Revocation or suspension of firearms license and ineligibility for 12 such a license upon a finding of a willful failure to obey an order of 13 protection. Whenever a defendant has been found pursuant to subdivision 14 eleven of section 530.12 or subdivision eight of section 530.13 of this 15 article to have willfully failed to obey an order of protection issued 16 by a court of competent jurisdiction in this state or another state, 17 territorial or tribal jurisdiction, in addition to any other remedies 18 available pursuant to subdivision eleven of section 530.12 or subdivi- 19 sion eight of section 530.13 of this article: 20 (a) the court shall revoke any such existing license possessed by the 21 defendant, order the defendant ineligible for such a license and order 22 the immediate surrender of any or all firearms, rifles and shotguns 23 owned or possessed where the willful failure to obey such order involved 24 (i) the infliction of physical injury, as defined in subdivision nine of 25 section 10.00 of the penal law, (ii) the use or threatened use of a 26 deadly weapon or dangerous instrument as those terms are defined in 27 subdivisions twelve and thirteen of section 10.00 of the penal law, 28 (iii) behavior constituting any violent felony offense as defined in 29 section 70.02 of the penal law; or (iv) behavior constituting stalking 30 in the first degree as defined in section 120.60 of the penal law, 31 stalking in the second degree as defined in section 120.55 of the penal 32 law, stalking in the third degree as defined in section 120.50 of the 33 penal law or stalking in the fourth degree as defined in section 120.45 34 of such law; and 35 (b) the court shall where the court finds a substantial risk that the 36 defendant may use or threaten to use a firearm, rifle or shotgun unlaw- 37 fully against the person or persons for whose protection the order of 38 protection was issued, (i) revoke any such existing license possessed by 39 the defendant, order the defendant ineligible for such a license and 40 order the immediate surrender pursuant to subparagraph (f) of paragraph 41 one of subdivision a of section 265.20 and subdivision six of section 42 400.05 of the penal law, of any or all firearms, rifles and shotguns 43 owned or possessed or (ii) suspend any such existing license possessed 44 by the defendant, order the defendant ineligible for such a license and 45 order the immediate surrender pursuant to subparagraph (f) of paragraph 46 one of subdivision a of section 265.20 and subdivision six of section 47 400.05 of the penal law, of any or all firearms, rifles and shotguns 48 owned or possessed. 49 4. Suspension. Any suspension order issued pursuant to this section 50 shall remain in effect for the duration of the temporary order of 51 protection or order of protection, unless modified or vacated by the 52 court. 53 5. Surrender. (a) Where an order to surrender one or more firearms, 54 rifles and shotguns has been issued, the temporary order of protection 55 or order of protection shall specify the place where such [firearms] 56 weapons shall be surrendered, shall specify a date and time by which theS. 8121 5 1 surrender shall be completed and, to the extent possible, shall describe 2 such [firearms] weapons to be surrendered, and shall direct the authori- 3 ty receiving such surrendered [firearms] weapons to immediately notify 4 the court of such surrender. 5 (b) The prompt surrender of one or more firearms, rifles or shotguns 6 pursuant to a court order issued pursuant to this section shall be 7 considered a voluntary surrender for purposes of subparagraph (f) of 8 paragraph one of subdivision a of section 265.20 of the penal law. The 9 disposition of any such [firearms] weapons shall be in accordance with 10 the provisions of subdivision six of section 400.05 of the penal law; 11 provided, however, that upon termination of any suspension order issued 12 pursuant to this section or section eight hundred forty-two-a of the 13 family court act, upon written application of the subject of the order, 14 with notice and opportunity to be heard to the district attorney, the 15 county attorney, the protected party, and every licensing officer 16 responsible for issuance of a firearms license to the subject of the 17 order pursuant to article four hundred of the penal law, and upon a 18 written finding that there is no legal impediment to the subject's 19 possession of a surrendered firearm, rifle or shotgun, any court of 20 record exercising criminal jurisdiction may order the return of a 21 firearm, rifle or shotgun not otherwise disposed of in accordance with 22 subdivision six of section 400.05 of the penal law. When issuing such 23 order in connection with any firearm subject to a license requirement 24 under article four hundred of the penal law, if the licensing officer 25 informs the court that he or she will seek to revoke the license, the 26 order shall be stayed by the court until the conclusion of any license 27 revocation proceeding. 28 (c) The provisions of this section shall not be deemed to limit, 29 restrict or otherwise impair the authority of the court to order and 30 direct the surrender of any or all firearms, rifles and shotguns owned 31 or possessed by a defendant pursuant to sections 530.12 or 530.13 of 32 this article. 33 6. Notice. (a) Where an order [of] requiring surrender, revocation, 34 suspension or ineligibility has been issued pursuant to this section, 35 any temporary order of protection or order of protection issued shall 36 state that such firearm license has been suspended or revoked or that 37 the defendant is ineligible for such license, as the case may be, and 38 that the defendant is prohibited from possessing any firearm, rifle or 39 shotgun. 40 (b) The court revoking or suspending the license, ordering the defend- 41 ant ineligible for such a license, or ordering the surrender of any 42 firearm, rifle or shotgun shall immediately notify the duly constituted 43 police authorities of the locality concerning such action and, in the 44 case of orders of protection and temporary orders of protection issued 45 pursuant to section 530.12 of this article, shall immediately notify the 46 statewide registry of orders of protection. 47 (c) The court revoking or suspending the license or ordering the 48 defendant ineligible for such a license shall give written notice there- 49 of without unnecessary delay to the division of state police at its 50 office in the city of Albany. 51 (d) Where an order of revocation, suspension, ineligibility or surren- 52 der is modified or vacated, the court shall immediately notify the 53 statewide registry of orders of protection and the duly constituted 54 police authorities of the locality concerning such action and shall give 55 written notice thereof without unnecessary delay to the division of 56 state police at its office in the city of Albany.S. 8121 6 1 7. Hearing. The defendant shall have the right to a hearing before the 2 court regarding any revocation, suspension, ineligibility or surrender 3 order issued pursuant to this section, provided that nothing in this 4 subdivision shall preclude the court from issuing any such order prior 5 to a hearing. Where the court has issued such an order prior to a hear- 6 ing, it shall commence such hearing within fourteen days of the date 7 such order was issued. 8 8. Nothing in this section shall delay or otherwise interfere with the 9 issuance of a temporary order of protection or the timely arraignment of 10 a defendant in custody. 11 § 5. Section 842-a of the family court act, as added by chapter 644 of 12 the laws of 1996, subdivision 1, 2 and 3 as amended by chapter 1 of the 13 laws of 2013, is amended to read as follows: 14 § 842-a. Suspension and revocation of a license to carry, possess, 15 repair or dispose of a firearm or firearms pursuant to section 400.00 of 16 the penal law and ineligibility for such a license; order to surrender 17 firearms. 18 1. Suspension of firearms license and ineligibility for such a license 19 upon the issuance of a temporary order of protection. Whenever a tempo- 20 rary order of protection is issued pursuant to section eight hundred 21 twenty-eight of this article, or pursuant to article four, five, six, 22 seven or ten of this act: 23 (a) the court shall suspend any such existing license possessed by the 24 respondent, order the respondent ineligible for such a license, and 25 order the immediate surrender pursuant to subparagraph (f) of paragraph 26 one of subdivision a of section 265.20 and subdivision six of section 27 400.05 of the penal law, of any or all firearms, rifles and shotguns 28 owned or possessed where the court receives information that gives the 29 court good cause to believe that: (i) the respondent has a prior 30 conviction of any violent felony offense as defined in section 70.02 of 31 the penal law; (ii) the respondent has previously been found to have 32 willfully failed to obey a prior order of protection and such willful 33 failure involved (A) the infliction of physical injury, as defined in 34 subdivision nine of section 10.00 of the penal law, (B) the use or 35 threatened use of a deadly weapon or dangerous instrument as those terms 36 are defined in subdivisions twelve and thirteen of section 10.00 of the 37 penal law, or (C) behavior constituting any violent felony offense as 38 defined in section 70.02 of the penal law; or (iii) the respondent has a 39 prior conviction for stalking in the first degree as defined in section 40 120.60 of the penal law, stalking in the second degree as defined in 41 section 120.55 of the penal law, stalking in the third degree as defined 42 in section 120.50 of the penal law or stalking in the fourth degree as 43 defined in section 120.45 of such law; and 44 (b) the court shall where the court finds a substantial risk that the 45 respondent may use or threaten to use a firearm, rifle or shotgun unlaw- 46 fully against the person or persons for whose protection the temporary 47 order of protection is issued, suspend any such existing license 48 possessed by the respondent, order the respondent ineligible for such a 49 license, and order the immediate surrender pursuant to subparagraph (f) 50 of paragraph one of subdivision a of section 265.20 and subdivision six 51 of section 400.05 of the penal law, of any or all firearms, rifles and 52 shotguns owned or possessed. 53 2. Revocation or suspension of firearms license and ineligibility for 54 such a license upon the issuance of an order of protection. Whenever an 55 order of protection is issued pursuant to section eight hundred forty-S. 8121 7 1 one of this part, or pursuant to article four, five, six, seven or ten 2 of this act: 3 (a) the court shall revoke any such existing license possessed by the 4 respondent, order the respondent ineligible for such a license, and 5 order the immediate surrender pursuant to subparagraph (f) of paragraph 6 one of subdivision a of section 265.20 and subdivision six of section 7 400.05 of the penal law, of any or all firearms, rifles and shotguns 8 owned or possessed where the court finds that the conduct which resulted 9 in the issuance of the order of protection involved (i) the infliction 10 of physical injury, as defined in subdivision nine of section 10.00 of 11 the penal law, (ii) the use or threatened use of a deadly weapon or 12 dangerous instrument as those terms are defined in subdivisions twelve 13 and thirteen of section 10.00 of the penal law, or (iii) behavior 14 constituting any violent felony offense as defined in section 70.02 of 15 the penal law; and 16 (b) the court shall, where the court finds a substantial risk that the 17 respondent may use or threaten to use a firearm, rifle or shotgun unlaw- 18 fully against the person or persons for whose protection the order of 19 protection is issued, (i) revoke any such existing license possessed by 20 the respondent, order the respondent ineligible for such a license and 21 order the immediate surrender pursuant to subparagraph (f) of paragraph 22 one of subdivision a of section 265.20 and subdivision six of section 23 400.05 of the penal law, of any or all firearms, rifles and shotguns 24 owned or possessed or (ii) suspend or continue to suspend any such 25 existing license possessed by the respondent, order the respondent inel- 26 igible for such a license, and order the immediate surrender pursuant to 27 subparagraph (f) of paragraph one of subdivision a of section 265.20 and 28 subdivision six of section 400.05 of the penal law, of any or all 29 firearms, rifles and shotguns owned or possessed. 30 3. Revocation or suspension of firearms license and ineligibility for 31 such a license upon a finding of a willful failure to obey an order of 32 protection or temporary order of protection. Whenever a respondent has 33 been found, pursuant to section eight hundred forty-six-a of this part 34 to have willfully failed to obey an order of protection or temporary 35 order of protection issued pursuant to this act or the domestic 36 relations law, or by this court or by a court of competent jurisdiction 37 in another state, territorial or tribal jurisdiction, in addition to any 38 other remedies available pursuant to section eight hundred forty-six-a 39 of this part: 40 (a) the court shall revoke any such existing license possessed by the 41 respondent, order the respondent ineligible for such a license, and 42 order the immediate surrender pursuant to subparagraph (f) of paragraph 43 one of subdivision a of section 265.20 and subdivision six of section 44 400.05 of the penal law, of any or all firearms, rifles and shotguns 45 owned or possessed where the willful failure to obey such order involves 46 (i) the infliction of physical injury, as defined in subdivision nine of 47 section 10.00 of the penal law, (ii) the use or threatened use of a 48 deadly weapon or dangerous instrument as those terms are defined in 49 subdivisions twelve and thirteen of section 10.00 of the penal law, or 50 (iii) behavior constituting any violent felony offense as defined in 51 section 70.02 of the penal law; or (iv) behavior constituting stalking 52 in the first degree as defined in section 120.60 of the penal law, 53 stalking in the second degree as defined in section 120.55 of the penal 54 law, stalking in the third degree as defined in section 120.50 of the 55 penal law or stalking in the fourth degree as defined in section 120.45 56 of such law; andS. 8121 8 1 (b) the court shall where the court finds a substantial risk that the 2 respondent may use or threaten to use a firearm, rifle or shotgun unlaw- 3 fully against the person or persons for whose protection the order of 4 protection was issued, (i) revoke any such existing license possessed by 5 the respondent, order the respondent ineligible for such a license, 6 whether or not the respondent possesses such a license, and order the 7 immediate surrender pursuant to subparagraph (f) of paragraph one of 8 subdivision a of section 265.20 and subdivision six of section 400.05 of 9 the penal law, of any or all firearms, rifles and shotguns owned or 10 possessed or (ii) suspend any such existing license possessed by the 11 respondent, order the respondent ineligible for such a license, and 12 order the immediate surrender of any or all firearms, rifles and shot- 13 guns owned or possessed. 14 4. Suspension. Any suspension order issued pursuant to this section 15 shall remain in effect for the duration of the temporary order of 16 protection or order of protection, unless modified or vacated by the 17 court. 18 5. Surrender. (a) Where an order to surrender one or more firearms, 19 rifles or shotguns has been issued, the temporary order of protection or 20 order of protection shall specify the place where such [firearms] weap- 21 ons shall be surrendered, shall specify a date and time by which the 22 surrender shall be completed and, to the extent possible, shall describe 23 such [firearms] weapons to be surrendered and shall direct the authority 24 receiving such surrendered [firearms] weapons to immediately notify the 25 court of such surrender. 26 (b) The prompt surrender of one or more firearms, rifles or shotguns 27 pursuant to a court order issued pursuant this section shall be consid- 28 ered a voluntary surrender for purposes of subparagraph (f) of paragraph 29 one of subdivision a of section 265.20 of the penal law. The disposition 30 of any such [firearms] weapons shall be in accordance with the 31 provisions of subdivision six of section 400.05 of the penal law; 32 provided, however that upon the termination of any suspension order 33 issued pursuant to this section, any court of record exercising criminal 34 jurisdiction may order the return of a firearm, rifle or shotgun pursu- 35 ant to paragraph b of subdivision five of section 530.14 of the criminal 36 procedure law. 37 (c) The provisions of this section shall not be deemed to limit, 38 restrict or otherwise impair the authority of the court to order and 39 direct the surrender of any or all pistols, revolvers, rifles, shotguns 40 or other firearms owned or possessed by a respondent pursuant to this 41 act. 42 6. Notice. (a) Where an order [of] requiring surrender, revocation, 43 suspension or ineligibility has been issued pursuant to this section, 44 any temporary order of protection or order of protection issued shall 45 state that such firearm license has been suspended or revoked or that 46 the respondent is ineligible for such license, as the case may be, and 47 that the defendant is prohibited from possessing any firearms, rifles or 48 shotguns. 49 (b) The court revoking or suspending the license, ordering the 50 respondent ineligible for such license, or ordering the surrender of any 51 firearm, rifles or shotguns shall immediately notify the statewide 52 registry of orders of protection and the duly constituted police author- 53 ities of the locality of such action. 54 (c) The court revoking or suspending the license or ordering the 55 defendant ineligible for such license shall give written notice thereofS. 8121 9 1 without unnecessary delay to the division of state police at its office 2 in the city of Albany. 3 (d) Where an order of revocation, suspension, ineligibility, or 4 surrender is modified or vacated, the court shall immediately notify the 5 statewide registry of orders of protection and the duly constituted 6 police authorities of the locality concerning such action and shall give 7 written notice thereof without unnecessary delay to the division of 8 state police at its office in the city of Albany. 9 7. Hearing. The respondent shall have the right to a hearing before 10 the court regarding any revocation, suspension, ineligibility or surren- 11 der order issued pursuant to this section, provided that nothing in this 12 subdivision shall preclude the court from issuing any such order prior 13 to a hearing. Where the court has issued such an order prior to a hear- 14 ing, it shall commence such hearing within fourteen days of the date 15 such order was issued. 16 8. Nothing in this section shall delay or otherwise interfere with the 17 issuance of a temporary order of protection. 18 § 6. Paragraph (c) of subdivision 1 of section 400.00 of the penal 19 law, as amended by chapter 1 of the laws of 2013, is amended to read as 20 follows: 21 (c) who has not been convicted anywhere of a felony or a serious 22 offense or who is not the subject of an outstanding warrant of arrest 23 issued upon the alleged commission of a felony or serious offense; 24 § 7. The criminal procedure law is amended by adding a new section 25 370.25 to read as follows: 26 § 370.25 Procedure for the surrender of firearms, rifles and shotguns 27 upon judgment of conviction for a felony or a serious 28 offense. 29 1. Upon judgment of conviction for a felony or a serious offense, the 30 court shall inquire of the defendant as to the existence of all 31 firearms, rifles and shotguns he or she owns or possesses. The court 32 shall order the immediate surrender, pursuant to subparagraph (f) of 33 paragraph one of subdivision a of section 265.20 of the penal law and 34 subdivision six of section 400.05 of the penal law, of any or all 35 firearms, rifles and shotguns owned or possessed by the defendant. 36 2. The court ordering the surrender of any firearms, rifles or shot- 37 guns as provided in this section shall immediately notify the duly 38 constituted police authorities of the locality of such action and the 39 division of state police at its office in the city of Albany. The court 40 shall direct the authority receiving such surrendered firearms, rifles 41 and shotguns to immediately notify the court of such surrender. 42 3. The disposition of any firearms, rifles or shotguns surrendered 43 pursuant to this section shall be in accordance with the provisions of 44 subdivision six of section 400.05 of the penal law. 45 4. The provisions of this section shall not be deemed to limit, 46 restrict or otherwise impair the authority of the court to order and 47 direct the surrender of any or all firearms, rifles and shotguns owned 48 or possessed by a defendant pursuant to any other provision of law. 49 § 8. This act shall take effect on the sixtieth day after it shall 50 have become a law.