STATE OF NEW YORK ________________________________________________________________________ 6443 2021-2022 Regular Sessions IN SENATE April 28, 2021 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 protected party, if the court has 9 reason to believe that such protected party would have actual knowledge 10 or reason to know such information, as to the existence and location of 11 any firearm, rifle or shotgun owned or possessed by the defendant and: 12 § 2. The opening paragraph of subdivision 2 of section 530.14 of the 13 criminal procedure law, as amended by chapter 60 of the laws of 2018, is 14 amended to read as follows: 15 Revocation or suspension of firearms license and ineligibility for 16 such a license upon issuance of an order of protection. Whenever an 17 order of protection is issued pursuant to subdivision five of section 18 530.12 or subdivision four of section 530.13 of this article the court 19 shall inquire of the defendant and the protected party, if the court has 20 reason to believe that such protected party would have actual knowledge 21 or reason to know such information, as to the existence and location of 22 any firearm, rifle or shotgun owned or possessed by the defendant and: 23 § 3. The opening paragraph of subdivision 3 of section 530.14 of the 24 criminal procedure law, as amended by chapter 60 of the laws of 2018, is 25 amended to read as follows: 26 Revocation or suspension of firearms license and ineligibility for 27 such a license upon a finding of a willful failure to obey an order of 28 protection. Whenever a defendant has been found pursuant to subdivision EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10477-03-1
S. 6443 2 1 eleven of section 530.12 or subdivision eight of section 530.13 of this 2 article to have willfully failed to obey an order of protection issued 3 by a court of competent jurisdiction in this state or another state, 4 territorial or tribal jurisdiction, in addition to any other remedies 5 available pursuant to subdivision eleven of section 530.12 or subdivi- 6 sion eight of section 530.13 of this article the court shall inquire of 7 the defendant and the protected party, if the court has reason to 8 believe that such protected party would have actual knowledge or reason 9 to know such information, as to the existence and location of any 10 firearm, rifle or shotgun owned or possessed by the defendant and: 11 § 4. The opening paragraph of subdivision 1 of section 842-a of the 12 family court act, as amended by chapter 60 of the laws of 2018, is 13 amended to read as follows: 14 Suspension of firearms license and ineligibility for such a license 15 upon the issuance of a temporary order of protection. Whenever a tempo- 16 rary order of protection is issued pursuant to section eight hundred 17 twenty-eight of this article, or pursuant to article four, five, six, 18 seven or ten of this act the court shall inquire of the respondent and 19 the petitioner or, if the petitioner is not the protected party, any 20 party protected by such order, if the court has reason to believe that 21 such petitioner or protected party would have actual knowledge or reason 22 to know such information, as to the existence and location of any 23 firearm, rifle or shotgun owned or possessed by the respondent and: 24 § 5. The opening paragraph of subdivision 2 of section 842-a of the 25 family court act, as amended by chapter 60 of the laws of 2018, is 26 amended to read as follows: 27 Revocation or suspension of firearms license and ineligibility for 28 such a license upon the issuance of an order of protection. Whenever an 29 order of protection is issued pursuant to section eight hundred forty- 30 one of this part, or pursuant to article four, five, six, seven or ten 31 of this act the court shall inquire of the respondent and the petitioner 32 or, if the petitioner is not the protected party, any party protected by 33 such order, if the court has reason to believe that such petitioner or 34 protected party would have actual knowledge or reason to know such 35 information, as to the existence and location of any firearm, rifle or 36 shotgun owned or possessed by the respondent and: 37 § 6. The opening paragraph of subdivision 3 of section 842-a of the 38 family court act, as amended by chapter 60 of the laws of 2018, is 39 amended to read as follows: 40 Revocation or suspension of firearms license and ineligibility for 41 such a license upon a finding of a willful failure to obey an order of 42 protection or temporary order of protection. Whenever a respondent has 43 been found, pursuant to section eight hundred forty-six-a of this part 44 to have willfully failed to obey an order of protection or temporary 45 order of protection issued pursuant to this act or the domestic 46 relations law, or by this court or by a court of competent jurisdiction 47 in another state, territorial or tribal jurisdiction, in addition to any 48 other remedies available pursuant to section eight hundred forty-six-a 49 of this part the court shall inquire of the respondent and the petition- 50 er or, if the petitioner is not the protected party, any party protected 51 by such order, if the court has reason to believe that such petitioner 52 or protected party would have actual knowledge or reason to know such 53 information, as to the existence and location of any firearm, rifle or 54 shotgun owned or possessed by the respondent and: 55 § 7. This act shall take effect immediately.