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.