STATE OF NEW YORK
        ________________________________________________________________________

                                          6363

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 26, 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 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 for other good cause shown, order the imme-
     7  diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
     8  pursuant to an order issued in accordance with article six hundred nine-
     9  ty of this part, consistent with such rights as the defendant may derive
    10  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 for other good cause shown, order the imme-
    18  diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
    19  pursuant to an order issued in accordance with article six hundred nine-
    20  ty of this part, consistent with such rights as the defendant may derive
    21  from  this  article  or  the  constitution  of  this state or the United
    22  States.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10465-01-1

        S. 6363                             2

     1    § 3. Paragraph (c) of subdivision 3 of section 530.14 of the  criminal
     2  procedure law, as added by section 5 of part M of chapter 55 of the laws
     3  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 for other good cause shown, order the imme-
     7  diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
     8  pursuant to an order issued in accordance with article six hundred nine-
     9  ty of this part, consistent with such rights as the defendant may derive
    10  from  this  article  or  the  constitution  of  this state or the United
    11  States.
    12    § 4. Paragraph (c) of subdivision 1 of section  842-a  of  the  family
    13  court  act, as added by section 8 of part M of chapter 55 of the laws of
    14  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 for other good cause shown, order the  imme-
    18  diate  seizure  of  such firearm, rifle or shotgun, and search therefor,
    19  pursuant to an order issued in accordance with article six hundred nine-
    20  ty of the criminal procedure law, consistent with  such  rights  as  the
    21  defendant may derive from this article or the constitution of this state
    22  or the United States.
    23    §  5.  Paragraph  (c)  of subdivision 2 of section 842-a of the family
    24  court act, as added by section 9 of part M of chapter 55 of the laws  of
    25  2020, is amended to read as follows:
    26    (c)  the  court  [may]  shall where the defendant willfully refuses to
    27  surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
    28  (b)  of this subdivision, or for other good cause shown, order the imme-
    29  diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
    30  pursuant to an order issued in accordance with article six hundred nine-
    31  ty  of  the  criminal  procedure law, consistent with such rights as the
    32  defendant may derive from this article or the constitution of this state
    33  or the United States.
    34    § 6. Paragraph (c) of subdivision 3 of section  842-a  of  the  family
    35  court act, as added by section 10 of part M of chapter 55 of the laws of
    36  2020, is amended to read as follows:
    37    (c)  the  court  [may]  shall where the defendant willfully refuses to
    38  surrender such firearm, rifle or shotgun pursuant to paragraphs (a)  and
    39  (b)  of this subdivision, or for other good cause shown, order the imme-
    40  diate seizure of such firearm, rifle or shotgun,  and  search  therefor,
    41  pursuant to an order issued in accordance with article six hundred nine-
    42  ty  of  the  criminal  procedure law, consistent with such rights as the
    43  defendant may derive from this article or the constitution of this state
    44  or the United States.
    45    § 7. This act shall take effect immediately.