STATE OF NEW YORK
________________________________________________________________________
6363--A
Cal. No. 469
2021-2022 Regular Sessions
IN SENATE
April 26, 2021
___________
Introduced by Sens. MAYER, BIAGGI -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes -- recommitted
to the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the criminal procedure law and the family court act, in
relation to requiring the court to order the search for and immediate
seizure of certain firearms when a defendant willfully refuses to
surrender such firearms
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 530.14 of the
2 criminal procedure law, as added by section 3 of part M of chapter 55 of
3 the laws of 2020, is amended to read as follows:
4 (c) the court [may] shall where the defendant willfully refuses to
5 surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and
6 (b) of this subdivision, or may for other good cause shown, order the
7 immediate seizure of such firearm, rifle or shotgun, and search there-
8 for, pursuant to an order issued in accordance with article six hundred
9 ninety of this part, consistent with such rights as the defendant may
10 derive from this article or the constitution of this state or the United
11 States.
12 § 2. Paragraph (c) of subdivision 2 of section 530.14 of the criminal
13 procedure law, as added by section 4 of part M of chapter 55 of the laws
14 of 2020, is amended to read as follows:
15 (c) the court [may] shall where the defendant willfully refuses to
16 surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and
17 (b) of this subdivision, or may for other good cause shown, order the
18 immediate seizure of such firearm, rifle or shotgun, and search there-
19 for, pursuant to an order issued in accordance with article six hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10465-03-2
S. 6363--A 2
1 ninety of this part, consistent with such rights as the defendant may
2 derive from this article or the constitution of this state or the United
3 States.
4 § 3. Paragraph (c) of subdivision 3 of section 530.14 of the criminal
5 procedure law, as added by section 5 of part M of chapter 55 of the laws
6 of 2020, is amended to read as follows:
7 (c) the court [may] shall where the defendant willfully refuses to
8 surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and
9 (b) of this subdivision, or may for other good cause shown, order the
10 immediate seizure of such firearm, rifle or shotgun, and search there-
11 for, pursuant to an order issued in accordance with article six hundred
12 ninety of this part, consistent with such rights as the defendant may
13 derive from this article or the constitution of this state or the United
14 States.
15 § 4. Paragraph (c) of subdivision 1 of section 842-a of the family
16 court act, as added by section 8 of part M of chapter 55 of the laws of
17 2020, is amended to read as follows:
18 (c) the court [may] shall where the defendant willfully refuses to
19 surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and
20 (b) of this subdivision, or may for other good cause shown, order the
21 immediate seizure of such firearm, rifle or shotgun, and search there-
22 for, pursuant to an order issued in accordance with article six hundred
23 ninety of the criminal procedure law, consistent with such rights as the
24 defendant may derive from this article or the constitution of this state
25 or the United States.
26 § 5. Paragraph (c) of subdivision 2 of section 842-a of the family
27 court act, as added by section 9 of part M of chapter 55 of the laws of
28 2020, is amended to read as follows:
29 (c) the court [may] shall where the defendant willfully refuses to
30 surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and
31 (b) of this subdivision, or may for other good cause shown, order the
32 immediate seizure of such firearm, rifle or shotgun, and search there-
33 for, pursuant to an order issued in accordance with article six hundred
34 ninety of the criminal procedure law, consistent with such rights as the
35 defendant may derive from this article or the constitution of this state
36 or the United States.
37 § 6. Paragraph (c) of subdivision 3 of section 842-a of the family
38 court act, as added by section 10 of part M of chapter 55 of the laws of
39 2020, is amended to read as follows:
40 (c) the court [may] shall where the defendant willfully refuses to
41 surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and
42 (b) of this subdivision, or may for other good cause shown, order the
43 immediate seizure of such firearm, rifle or shotgun, and search there-
44 for, pursuant to an order issued in accordance with article six hundred
45 ninety of the criminal procedure law, consistent with such rights as the
46 defendant may derive from this article or the constitution of this state
47 or the United States.
48 § 7. This act shall take effect immediately.