S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          754
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  -- Multi-Sponsored by -- M. of A.
         MARKEY -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law and the family court act,  in
         relation  to  the  mandatory  suspension  and  revocation  of firearms
         licenses upon issuance of 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 and paragraph (b) of subdivision 1
    2  of section 530.14 of the criminal procedure law, as added by chapter 644
    3  of the laws of 1996, are amended to read as follows:
    4    Mandatory [and permissive] suspension of firearms license and ineligi-
    5  bility  for  such  a  license  upon  issuance  of  temporary  order   of
    6  protection.  Whenever a temporary order of protection is issued pursuant
    7  to  subdivision  one  of  section  530.12  or subdivision one of section
    8  530.13 of this article:
    9    (b) the court [may] SHALL where the court  finds  a  substantial  risk
   10  that  the  defendant  may  use  or  threaten to use a firearm unlawfully
   11  against the person or persons for whose protection the  temporary  order
   12  of  protection is issued, suspend any such existing license possessed by
   13  the defendant, order the defendant ineligible for  such  a  license  and
   14  order the immediate surrender of any or all firearms owned or possessed.
   15    S  2.   Subdivision 2 of section 530.14 of the criminal procedure law,
   16  as added by chapter 644 of the laws of  1996,  is  amended  to  read  as
   17  follows:
   18    2.  Mandatory  [and  permissive]  revocation or suspension of firearms
   19  license and ineligibility for such a license upon issuance of  an  order
   20  of  protection.  Whenever  an  order of protection is issued pursuant to
   21  subdivision five of section 530.12 or subdivision four of section 530.13
   22  of this article:
   23    (a) the court shall revoke any such existing license possessed by  the
   24  defendant,  order  the defendant ineligible for such a license and order
   25  the immediate surrender of any or all firearms owned or possessed  where
   26  such action is required by section 400.00 of the penal law; and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01085-01-3
       A. 754                              2
    1    (b)  the  court  [may]  SHALL where the court finds a substantial risk
    2  that the defendant may use or  threaten  to  use  a  firearm  unlawfully
    3  against  the  person  or  persons  for  whose  protection  the  order of
    4  protection is issued, (i) revoke any such existing license possessed  by
    5  the  defendant,  order  the  defendant ineligible for such a license and
    6  order the immediate surrender of any or all firearms owned or  possessed
    7  or  (ii)  suspend  or  continue  to  suspend  any  such existing license
    8  possessed by the defendant, order the defendant ineligible  for  such  a
    9  license  and  order the immediate surrender of any or all firearms owned
   10  or possessed.
   11    S 3.  The opening paragraph and paragraph  (b)  of  subdivision  3  of
   12  section  530.14  of the criminal procedure law, the opening paragraph as
   13  amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
   14  chapter 644 of the laws of 1996, are amended to read as follows:
   15    Mandatory  [and  permissive]  revocation  or  suspension  of  firearms
   16  license and ineligibility for such a license upon a finding of a willful
   17  failure  to  obey  an order of protection. Whenever a defendant has been
   18  found pursuant to subdivision eleven of section  530.12  or  subdivision
   19  eight of section 530.13 of this article to have willfully failed to obey
   20  an  order  of  protection issued by a court of competent jurisdiction in
   21  this state or another state,  territorial  or  tribal  jurisdiction,  in
   22  addition  to any other remedies available pursuant to subdivision eleven
   23  of section 530.12 or subdivision eight of section 530.13 of  this  arti-
   24  cle:
   25    (b)  the  court  [may]  SHALL where the court finds a substantial risk
   26  that the defendant may use or  threaten  to  use  a  firearm  unlawfully
   27  against  the  person  or  persons  for  whose  protection  the  order of
   28  protection was issued, (i) revoke any such existing license possessed by
   29  the defendant, order the defendant ineligible for  such  a  license  and
   30  order  the immediate surrender of any or all firearms owned or possessed
   31  or (ii) suspend any such existing license possessed  by  the  defendant,
   32  order  the defendant ineligible for such a license and order the immedi-
   33  ate surrender of any or all firearms owned or possessed.
   34    S 4. Subdivision 1 of section 842-a of the family court act, as  added
   35  by chapter 644 of the laws of 1996 and paragraph (a) as amended by chap-
   36  ter 434 of the laws of 2000, is amended to read as follows:
   37    1. Mandatory [and permissive] suspension of firearms license and inel-
   38  igibility  for  such a license upon the issuance of a temporary order of
   39  protection.  Whenever a temporary order of protection is issued pursuant
   40  to section eight hundred twenty-eight of this article:
   41    (a) the court shall suspend any such existing license possessed by the
   42  respondent, order the respondent ineligible  for  such  a  license,  and
   43  order  the immediate surrender of any or all firearms owned or possessed
   44  where the court receives information that gives the court good cause  to
   45  believe  that:  (i) the respondent has a prior conviction of any violent
   46  felony offense as defined in section 70.02 of the penal  law;  (ii)  the
   47  respondent  has previously been found to have willfully failed to obey a
   48  prior order of protection and such  willful  failure  involved  (A)  the
   49  infliction of [serious] physical injury, as defined in subdivision [ten]
   50  NINE of section 10.00 of the penal law, (B) the use or threatened use of
   51  a  deadly  weapon  or dangerous instrument as those terms are defined in
   52  subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
   53  (C)  behavior  constituting  any  violent  felony  offense as defined in
   54  section 70.02 of the penal law; or (iii)  the  respondent  has  a  prior
   55  conviction for stalking in the first degree as defined in section 120.60
   56  of  the  penal  law, stalking in the second degree as defined in section
       A. 754                              3
    1  120.55 of the penal law, stalking in the  third  degree  as  defined  in
    2  section  120.50  of  the  penal  law or stalking in the fourth degree as
    3  defined in section 120.45 of such law; and
    4    (b)  the  court  [may]  SHALL where the court finds a substantial risk
    5  that the respondent may use or threaten  to  use  a  firearm  unlawfully
    6  against  the  person or persons for whose protection the temporary order
    7  of protection is issued, suspend any such existing license possessed  by
    8  the  respondent, order the respondent ineligible for such a license, and
    9  order the immediate surrender of any or all firearms owned or possessed.
   10    S 5. Subdivision 2 of section 842-a of the family court act, as  added
   11  by chapter 644 of the laws of 1996, is amended to read as follows:
   12    2.    Mandatory  [and permissive] revocation or suspension of firearms
   13  license and ineligibility for such a license upon  the  issuance  of  an
   14  order  of protection. Whenever an order of protection is issued pursuant
   15  to section eight hundred forty-one of this part:
   16    (a) the court shall revoke any such existing license possessed by  the
   17  respondent,  order  the  respondent  ineligible  for such a license, and
   18  order the immediate surrender of any or all firearms owned or  possessed
   19  where the court finds that the conduct which resulted in the issuance of
   20  the  order  of protection involved (i) the infliction of [serious] phys-
   21  ical injury, as defined in subdivision [ten] NINE of  section  10.00  of
   22  the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
   23  dangerous instrument as those terms are defined in  subdivisions  twelve
   24  and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
   25  constituting any violent felony offense as defined in section  70.02  of
   26  the penal law; and
   27    (b)  the  court  [may] SHALL, where the court finds a substantial risk
   28  that the respondent may use or threaten  to  use  a  firearm  unlawfully
   29  against  the  person  or  persons  for  whose  protection  the  order of
   30  protection is issued, (i) revoke any such existing license possessed  by
   31  the  respondent,  order the respondent ineligible for such a license and
   32  order the immediate surrender of any or all firearms owned or  possessed
   33  or  (ii)  suspend  or  continue  to  suspend  any  such existing license
   34  possessed by the respondent, order the respondent ineligible for such  a
   35  license,  and order the immediate surrender of any or all firearms owned
   36  or possessed.
   37    S 6. Subdivision 3 of section 842-a of the family court act, as  added
   38  by  chapter 644 of the laws of 1996, the opening paragraph as amended by
   39  chapter 597 of the laws of 1998 and paragraph (a) as amended by  chapter
   40  635 of the laws of 1999, is amended to read as follows:
   41    3.    Mandatory  [and permissive] revocation or suspension of firearms
   42  license and ineligibility for such a license upon a finding of a willful
   43  failure to obey an order of protection. Whenever a respondent  has  been
   44  found,  pursuant  to  section  eight hundred forty-six-a of this part to
   45  have willfully failed to obey an order  of  protection  issued  by  this
   46  court or an order of protection issued by a court of competent jurisdic-
   47  tion  in  another state, territorial or tribal jurisdiction, in addition
   48  to any other  remedies  available  pursuant  to  section  eight  hundred
   49  forty-six-a of this part:
   50    (a)  the court shall revoke any such existing license possessed by the
   51  respondent, order the respondent ineligible  for  such  a  license,  and
   52  order  the immediate surrender of any or all firearms owned or possessed
   53  where the willful failure to obey such order involves (i) the infliction
   54  of [serious] physical injury, as defined in subdivision  [ten]  NINE  of
   55  section  10.00  of  the  penal  law, (ii) the use or threatened use of a
   56  deadly weapon or dangerous instrument as  those  terms  are  defined  in
       A. 754                              4
    1  subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
    2  (iii) behavior constituting any violent felony  offense  as  defined  in
    3  section  70.02  of the penal law; or (iv) behavior constituting stalking
    4  in  the  first  degree  as  defined  in section 120.60 of the penal law,
    5  stalking in the second degree as defined in section 120.55 of the  penal
    6  law,  stalking  in  the third degree as defined in section 120.50 of the
    7  penal law or stalking in the fourth degree as defined in section  120.45
    8  of such law; and
    9    (b)  the  court  [may]  SHALL where the court finds a substantial risk
   10  that the respondent may use or threaten  to  use  a  firearm  unlawfully
   11  against  the  person  or  persons  for  whose  protection  the  order of
   12  protection was issued, (i) revoke any such existing license possessed by
   13  the respondent, order the respondent  ineligible  for  such  a  license,
   14  whether  or  not  the respondent possesses such a license, and order the
   15  immediate surrender of any or all firearms owned or  possessed  or  (ii)
   16  suspend any such existing license possessed by the respondent, order the
   17  respondent  ineligible  for  such  a  license,  and  order the immediate
   18  surrender of any or all firearms owned or possessed.
   19    S 7. Section 846-a of the family court act, as amended by chapter  597
   20  of the laws of 1998, is amended to read as follows:
   21    S  846-a.  Powers on failure to obey order. If a respondent is brought
   22  before the court for failure to obey any lawful order issued under  this
   23  article  or an order of protection issued by a court of competent juris-
   24  diction of another  state,  territorial  or  tribal  jurisdiction  in  a
   25  proceeding  and  if,  after hearing, the court is satisfied by competent
   26  proof that the respondent has willfully failed to obey any  such  order,
   27  the  court  may modify an existing order to add reasonable conditions of
   28  behavior to the existing order  of  protection,  make  a  new  order  of
   29  protection  in  accordance  with section eight hundred forty-two OF THIS
   30  PART, may order the forfeiture of bail in a manner consistent with arti-
   31  cle five hundred forty of the criminal procedure law if  bail  has  been
   32  ordered  pursuant  to  this  act,  may  order  the respondent to pay the
   33  petitioner's reasonable and necessary counsel fees  in  connection  with
   34  the  violation  petition where the court finds that the violation of its
   35  order was willful, and may commit the respondent to jail for a term  not
   36  to exceed six months.  Such commitment may be served upon certain speci-
   37  fied  days  or parts of days as the court may direct, and the court may,
   38  at any time within the term of such sentence, revoke such suspension and
   39  commit the respondent for the remainder of  the  original  sentence,  or
   40  suspend the remainder of such sentence. If the court determines that the
   41  willful  failure to obey such order involves violent behavior constitut-
   42  ing the crimes of menacing, reckless endangerment, assault or  attempted
   43  assault  and  if such a respondent is licensed to carry, possess, repair
   44  and dispose of firearms pursuant to section 400.00 of the penal law, the
   45  court [may] SHALL also immediately revoke such license and  [may]  SHALL
   46  arrange  for  the  immediate  surrender and disposal of any firearm such
   47  respondent owns or possesses.  If the willful failure to obey such order
   48  involves the infliction of  [serious]  physical  injury  as  defined  in
   49  subdivision  [ten]  NINE of section 10.00 of the penal law or the use or
   50  threatened use of a deadly weapon  or  dangerous  instrument,  as  those
   51  terms  are  defined in subdivisions twelve and thirteen of section 10.00
   52  of the penal law, such revocation and immediate surrender  and  disposal
   53  of  any  firearm  owned  or  possessed by respondent shall be mandatory,
   54  pursuant to subdivision eleven of section 400.00 of the penal law.
   55    S 8. This act shall take effect immediately.