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A02413 Summary:

BILL NOA02413
 
SAME ASSAME AS S02102
 
SPONSORPaulin
 
COSPNSRSeawright, McMahon
 
MLTSPNSR
 
Amd §140.10, CP L
 
Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.
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A02413 Actions:

BILL NOA02413
 
01/26/2023referred to codes
01/03/2024referred to codes
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A02413 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2413           Revised 3/18/2024
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring police officers to take temporary custody of firearms when responding to reports of family violence   PURPOSE: Requires police officers to take temporary custody of firearms when responding to reports of family violence   SUMMARY OF PROVISIONS: Section 1. Paragraphs (a) and (c) of subdivision 6 of section 140.10 of the criminal procedure law, as added by section 2 of part M of chapter 55 of the laws of 2020, are amended to require a police officer who responds to a report of a family offense as defined in section 530.11 of this chapter and section eight hundred twelve of the family court shall take temporary custody of a firearm or other weapons listed that is in plain sight or is discovered pursuant to a consensual or other lawful search and shall take custody of any license to carry, possess, repair and dispose of such weapon issued to the person arrested or suspected of such family offense. Part (c) provides that not less than one hundred twenty hours after effecting such seizure, and in the absence of (i) an order of prohibiting the owner from possessing such a weapon and/or license, or (ii) or pending criminal charge or conviction which prohib- its such owner for possessing such a weapon and/or license, and upon a written finding that there is no legal impediment to the owner's possession of such a weapon and/or license, the court or, if no court is involved, licensing authority or custodian of the weapon shall direct return of a weapon not otherwise disposed of or in accordance with subdivision one of section 400.05 of the penal law and/or such license taken into custody pursuant to this section. Section 2 states the effective date   JUSTIFICATION: This bill is intended to provide further necessary protection for victims/survivors of domestic violence in instances where there are firearms in the home. There is an inextricable link between domestic violence and gun violence across the country. In 2021, of the domestic violence homicides reported in New York, a firearm was used in 24% of the homicides in New York City and 45% of domestic violence homicides outside of New York City. It has been shown that possession of firearms within the home increases the risk of a domestic violence homicide by 500%. The Safe Homes Act of 2020 provides police officers answering a domestic violence call with the option to remove any firearms in plain sight or discovered pursuant to a consensual or other lawful search. This legis- lation seeks to provide further protection for victims by mandating police officers seize firearms in plain sight or found pursuant to a lawful search when responding to a domestic violence call. Additionally, this legislation calls for the return of such firearms and licenses not less than one hundred twenty hours after effecting such seizure. Furthermore, it appears that such policy is already being implemented in parts of the state. The NYPD Public Patrol Guide advises officers responding to a domestic violence call to seize any weapons present in the household where the incident involved physical force or the threat of force, or where the presence of the firearm(s) in the home creates an imminent risk of physical injury. Additionally, the New York State Unified Court System's 2020 Protocols and Best Practices for the Courts regarding "Surrender, Search & Seizure, and Return of Firearms" specif- ically states that "  when responding to a family offense   CPL 530.11, police shall seize any weapon that is in plain sight or found by a lawful search and shall seize any accompanying license." Both the NYPD and New York Courts have published policies mandating rather than permitting firearm seizure, and it is necessary to amend the current law both to conform with these policies and to protect victims of domestic violence who are at a critical and elevated risk of death or serious injury when firearms are left in the home after a police encounter.   LEGISLATIVE HISTORY: A.5455 of 2021 and 2022, advanced to third reading. Same as S.5026 of 2021 and 2022, referred to codes.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A02413 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2413
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  SEAWRIGHT, McMAHON -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the criminal procedure law,  in  relation  to  requiring
          police  officers to take temporary custody of firearms when responding
          to reports of family violence

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs (a) and (c) of subdivision 6 of section 140.10
     2  of the criminal procedure law, as added by section 2 of part M of  chap-
     3  ter 55 of the laws of 2020, are amended to read as follows:
     4    (a)  A  police officer who responds to a report of a family offense as
     5  defined in section 530.11 of this  chapter  and  section  eight  hundred
     6  twelve of the family court act [may] shall take temporary custody of any
     7  firearm, rifle, electronic dart gun, electronic stun gun, disguised gun,
     8  imitation  weapon,  shotgun,  antique firearm, black powder rifle, black
     9  powder shotgun, or muzzle-loading firearm that is in plain sight  or  is
    10  discovered  pursuant  to  a consensual or other lawful search, and shall
    11  take temporary custody of any such weapon that is in the  possession  of
    12  any  person  arrested  for  the  commission  of  such  family offense or
    13  suspected of its commission. An officer who takes custody of any  weapon
    14  pursuant  to  this  paragraph  shall also take custody of any license to
    15  carry, possess, repair, and dispose of such weapon issued to the  person
    16  arrested  or suspected of such family offense. The officer shall deliver
    17  such weapon and/or license to the appropriate law enforcement officer as
    18  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    19  section 265.20 of the penal law.
    20    (c) Not less than [forty-eight] one hundred twenty hours after effect-
    21  ing  such  seizure, and in the absence of (i) an order of protection, an
    22  extreme risk protection order, or  other  court  order  prohibiting  the
    23  owner  from  possessing  such a weapon and/or license, or (ii) a pending
    24  criminal charge or conviction which prohibits such owner from possessing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05236-01-3

        A. 2413                             2
 
     1  such a weapon and/or license, and upon a written finding that  there  is
     2  no  legal  impediment  to the owner's possession of such a weapon and/or
     3  license, the court or, if no court is involved, licensing  authority  or
     4  custodian  of  the  weapon shall direct return of a weapon not otherwise
     5  disposed of in accordance with subdivision one of section 400.05 of  the
     6  penal  law  and/or  such  license  taken  into  custody pursuant to this
     7  section.
     8    § 2. This act shall take effect immediately.
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