S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3516
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced  by M. of A. ROZIC -- 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    S 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) WHEN RESPONDING TO A REPORT OF A FAMILY OFFENSE AS  DEFINED  IN
    6  SECTION  530.11  OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE
    7  FAMILY COURT ACT, A LAW  ENFORCEMENT  OFFICER  SHALL  DETERMINE  WHETHER
    8  THERE  ARE  FIREARMS  ON  THE  PREMISES OWNED OR POSSESSED BY THE PERSON
    9  ALLEGED TO HAVE COMMITTED SUCH FAMILY OFFENSES AND WHERE THE REPORT OF A
   10  FAMILY OFFENSE RESULTS IN AN ARREST, THE LAW ENFORCEMENT  OFFICER  SHALL
   11  SEIZE  SUCH  FIREARMS  AND  ANY  LICENSE  TO  CARRY, POSSESS, REPAIR AND
   12  DISPOSE OF FIREARMS HELD BY THE PERSON ARRESTED, UNTIL THE COURT RESPON-
   13  SIBLE FOR ADJUDICATING THE OFFENSE FOR WHICH  THE  PERSON  WAS  ARRESTED
   14  AUTHORIZES THE RELEASE OF SUCH FIREARMS OR LICENSE.
   15    (B)  THE  LAW  ENFORCEMENT AGENCY SHALL INFORM THE OWNER OR PERSON WHO
   16  HAD LAWFUL POSSESSION OF THE FIREARM OR OTHER  DEADLY  WEAPON,  AT  THAT
   17  PERSON'S   LAST   KNOWN  ADDRESS  BY  REGISTERED  MAIL,  RETURN  RECEIPT
   18  REQUESTED, THAT THE OWNER OR PERSON HAS THIRTY DAYS  FROM  THE  DATE  OF
   19  RECEIPT  OF  THE  NOTICE TO RESPOND TO THE COURT CLERK TO CONFIRM HIS OR
   20  HER DESIRE FOR A HEARING, AND THAT THE FAILURE TO RESPOND  SHALL  RESULT
   21  IN  A  DEFAULT  ORDER FORFEITING THE CONFISCATED FIREARM OR OTHER DEADLY
   22  WEAPON. IN THE EVENT THE OWNER OR PERSON WHOSE FIREARM OR  OTHER  DEADLY
   23  WEAPON  WAS  SEIZED  DOES NOT RESIDE AT THE LAST ADDRESS PROVIDED TO THE
   24  AGENCY, THE AGENCY SHALL MAKE A DILIGENT, GOOD FAITH EFFORT TO LEARN THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05106-01-3
       A. 3516                             2
    1  WHEREABOUTS OF THE OWNER OR PERSON AND TO COMPLY WITH THESE NOTIFICATION
    2  REQUIREMENTS.
    3    (C)  IF  THE  OWNER  OR  PERSON REQUESTS A HEARING, SUCH HEARING SHALL
    4  OCCUR NO LATER THAN THIRTY DAYS FROM RECEIPT OF THE REQUEST. UNLESS  THE
    5  PROPONENT  OF  THE SEIZURE SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT
    6  THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON WOULD RESULT IN  ENDAN-
    7  GERING  THE  VICTIM  OR  THE PERSON REPORTING THE ASSAULT OR THREAT, THE
    8  COURT SHALL ORDER THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON.
    9    (D) IF, AT THE HEARING, THE COURT DOES NOT ORDER  THE  RETURN  OF  THE
   10  FIREARM  OR  OTHER  DEADLY  WEAPON TO THE OWNER OR PERSON WHO HAD LAWFUL
   11  POSSESSION OF SUCH FIREARM OR OTHER DEADLY WEAPON, THAT OWNER OR  PERSON
   12  MAY  PETITION  THE  COURT FOR A SECOND HEARING WITHIN TWELVE MONTHS FROM
   13  THE DATE OF THE INITIAL HEARING. IF THERE IS A  PETITION  FOR  A  SECOND
   14  HEARING,  UNLESS  IT  IS SHOWN BY CLEAR AND CONVINCING EVIDENCE THAT THE
   15  RETURN OF THE FIREARM OR OTHER DEADLY WEAPON WOULD RESULT IN ENDANGERING
   16  THE VICTIM OR THE PERSON REPORTING THE  ASSAULT  OR  THREAT,  THE  COURT
   17  SHALL  ORDER  THE RETURN OF THE FIREARM OR OTHER DEADLY WEAPON AND SHALL
   18  AWARD REASONABLE ATTORNEY'S FEES TO THE PREVAILING PARTY. IF  THE  OWNER
   19  OR  PERSON  WHO HAD LAWFUL POSSESSION DOES NOT PETITION THE COURT WITHIN
   20  THIS TWELVE MONTH PERIOD FOR A SECOND HEARING OR IS UNSUCCESSFUL AT  THE
   21  SECOND  HEARING IN GAINING RETURN OF THE FIREARM OR OTHER DEADLY WEAPON,
   22  THE FIREARM OR OTHER DEADLY WEAPON MAY BE DISPOSED  OF  AS  PROVIDED  IN
   23  SECTION 400.05 OF THE PENAL LAW.
   24    S 3. This act shall take effect immediately.