STATE OF NEW YORK ________________________________________________________________________

8105--B Cal. No. 609

2021-2022 Regular Sessions

IN ASSEMBLY

June 11, 2021 ___________

Introduced by M. of A. CLARK -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the criminal procedure law and the family court act, in relation to orders of protection

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. The opening paragraph of subdivision 1 of section 530.14 of 2 the criminal procedure law, as amended by chapter 60 of the laws of 3 2018, is amended to read as follows: 4 Suspension of firearms license and ineligibility for such a license 5 upon issuance of temporary order of protection. Whenever a temporary 6 order of protection is issued pursuant to subdivision one of section 7 530.12 or subdivision one of section 530.13 of this article the court 8 shall inquire of the defendant and the prosecutor as to the existence 9 and location of any firearm, rifle or shotgun reasonably believed to be 10 owned or possessed by the defendant, and the prosecutor will make 11 reasonable efforts to obtain such information regarding the same and 12 present it to the court and: 13 § 2. The opening paragraph of subdivision 2 of section 530.14 of the 14 criminal procedure law, as amended by chapter 60 of the laws of 2018, is 15 amended to read as follows: 16 Revocation or suspension of firearms license and ineligibility for 17 such a license upon issuance of an order of protection. Whenever an 18 order of protection is issued pursuant to subdivision five of section 19 530.12 or subdivision four of section 530.13 of this article the court 20 shall inquire of the defendant and the prosecutor as to the existence 21 and location of any firearm, rifle or shotgun reasonably believed to be

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10477-09-2

A. 8105--B 2

1 owned or possessed by the defendant, and the prosecutor will make 2 reasonable efforts to obtain such information regarding the same and 3 present it to the court and: 4 § 3. The opening paragraph of subdivision 3 of section 530.14 of the 5 criminal procedure law, as amended by chapter 60 of the laws of 2018, is 6 amended to read as follows: 7 Revocation or suspension of firearms license and ineligibility for 8 such a license upon a finding of a willful failure to obey an order of 9 protection. Whenever a defendant has been found pursuant to subdivision 10 eleven of section 530.12 or subdivision eight of section 530.13 of this 11 article to have willfully failed to obey an order of protection issued 12 by a court of competent jurisdiction in this state or another state, 13 territorial or tribal jurisdiction, in addition to any other remedies 14 available pursuant to subdivision eleven of section 530.12 or subdivi- 15 sion eight of section 530.13 of this article the court shall inquire of 16 the defendant and the prosecutor as to the existence and location of any 17 firearm, rifle or shotgun reasonably believed to be owned or possessed 18 by the defendant, and the prosecutor will make reasonable efforts to 19 obtain such information regarding the same and present it to the court 20 and: 21 § 4. The opening paragraph of subdivision 1 of section 842-a of the 22 family court act, as amended by chapter 60 of the laws of 2018, is 23 amended to read as follows: 24 Suspension of firearms license and ineligibility for such a license 25 upon the issuance of a temporary order of protection. Whenever a tempo- 26 rary order of protection is issued pursuant to section eight hundred 27 twenty-eight of this article, or pursuant to article four, five, six, 28 seven or ten of this act the court shall inquire of the respondent and, 29 outside of the presence of the respondent, the petitioner or, if the 30 petitioner is not the protected party, any party protected by such 31 order, if the court has reason to believe that such petitioner or 32 protected party would have actual knowledge or reason to know such 33 information, as to the existence and location of any firearm, rifle or 34 shotgun owned or possessed by the respondent and: 35 § 5. The opening paragraph of subdivision 2 of section 842-a of the 36 family court act, as amended by chapter 60 of the laws of 2018, is 37 amended to read as follows: 38 Revocation or suspension of firearms license and ineligibility for 39 such a license upon the issuance of an order of protection. Whenever an 40 order of protection is issued pursuant to section eight hundred forty- 41 one of this part, or pursuant to article four, five, six, seven or ten 42 of this act the court shall inquire of the respondent and, outside of 43 the presence of the respondent, the petitioner or, if the petitioner is 44 not the protected party, any party protected by such order, if the court 45 has reason to believe that such petitioner or protected party would have 46 actual knowledge or reason to know such information, as to the existence 47 and location of any firearm, rifle or shotgun owned or possessed by the 48 respondent and: 49 § 6. The opening paragraph of subdivision 3 of section 842-a of the 50 family court act, as amended by chapter 60 of the laws of 2018, is 51 amended to read as follows: 52 Revocation or suspension of firearms license and ineligibility for 53 such a license upon a finding of a willful failure to obey an order of 54 protection or temporary order of protection. Whenever a respondent has 55 been found, pursuant to section eight hundred forty-six-a of this part 56 to have willfully failed to obey an order of protection or temporary

A. 8105--B 3

1 order of protection issued pursuant to this act or the domestic 2 relations law, or by this court or by a court of competent jurisdiction 3 in another state, territorial or tribal jurisdiction, in addition to any 4 other remedies available pursuant to section eight hundred forty-six-a 5 of this part the court shall inquire of the respondent and, outside the 6 presence of the respondent, the petitioner or, if the petitioner is not 7 the protected party, any party protected by such order, if the court has 8 reason to believe that such petitioner or protected party would have 9 actual knowledge or reason to know such information, as to the existence 10 and location of any firearm, rifle or shotgun owned or possessed by the 11 respondent and: 12 § 7. This act shall take effect immediately.