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A00625 Summary:

BILL NOA00625
 
SAME ASSAME AS S00446
 
SPONSORRozic (MS)
 
COSPNSRAbinanti, Arroyo, Cook, D'Urso, Gottfried, Jaffee, Miller MG, Mosley, O'Donnell, Paulin, Pichardo, Perry, Seawright, Otis
 
MLTSPNSRGlick, Rivera, Simon
 
Amd 140.10, CP L
 
Establishes the safe homes act authorizing law enforcement to remove firearms found on the premises where there has been a report of domestic violence.
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A00625 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           625
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. ROZIC, ABINANTI, ARROYO, COOK, D'URSO, GOTTFRIED,
          JAFFEE,  M. G. MILLER,  MOSLEY,  O'DONNELL,  PAULIN,  PICHARDO, PERRY,
          SEAWRIGHT -- Multi-Sponsored by -- M. of A. GLICK,  RIVERA,  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 subparagraph (f) of paragraph one of
    20  subdivision a of 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00828-01-9

        A. 625                              2
 
     1  person  in  possession  of  such weapons or license a receipt describing
     2  such weapons or license and  indicating  any  identification  or  serial
     3  number on such weapons. Such receipt shall indicate where the weapons or
     4  license  can be recovered and describe the process for recovery provided
     5  in paragraph (d) of this subdivision.
     6    (c) A weapon described in paragraph (a) of this  subdivision  that  is
     7  utilized  in the commission of an offense, that is unlawfully possessed,
     8  or that a court orders to be surrendered pursuant to subdivision two  or
     9  subdivision  three  of  section  eight hundred forty-two-a of the family
    10  court act shall be declared a nuisance as provided in subdivision one of
    11  section 400.05 of the penal law and either disposed  of  in  the  manner
    12  described  in  subdivision  two  or  retained as provided in subdivision
    13  three of section 400.05 of the penal law.
    14    (d) Not less than one hundred twenty hours or, in  the  event  that  a
    15  Saturday, Sunday or legal holiday occurs during such period, one hundred
    16  forty-four  hours after a weapon, other than a weapon described in para-
    17  graph (c) of this  subdivision,  is  taken  into  temporary  custody  as
    18  provided  in  paragraph (a) of this subdivision, the owner or person who
    19  was in lawful possession of such weapon shall have the right to  arrange
    20  for  the  sale  or transfer of such weapon to a dealer, or to himself or
    21  herself, in the manner provided in subdivision six of section 400.05  of
    22  the penal law.
    23    § 3. This act shall take effect immediately.
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