STATE OF NEW YORK
        ________________________________________________________________________

                                         6443--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 28, 2021
                                       ___________

        Introduced  by  Sens. MAYER, GAUGHRAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes  --  recom-
          mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        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,  outside  of  the  presence  of  the
     9  defendant,  the protected party, if the court has reason to believe that
    10  such protected party would have actual knowledge or reason to know  such
    11  information,  as  to the existence and location of any firearm, rifle or
    12  shotgun owned or possessed by the defendant and:
    13    § 2. The opening paragraph of subdivision 2 of section 530.14  of  the
    14  criminal procedure law, as amended by chapter 60 of the laws of 2018, is
    15  amended to read as follows:
    16    Revocation  or  suspension  of  firearms license and ineligibility for
    17  such a license upon issuance of an  order  of  protection.  Whenever  an
    18  order  of  protection  is issued pursuant to subdivision five of section
    19  530.12 or subdivision four of section 530.13 of this article  the  court
    20  shall  inquire  of  the  defendant  and,  outside of the presence of the
    21  defendant, the protected party, if the court has reason to believe  that
    22  such  protected party would have actual knowledge or reason to know such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10477-04-2

        S. 6443--A                          2

     1  information, as to the existence and location of any firearm,  rifle  or
     2  shotgun owned or possessed by the defendant and:
     3    §  3.  The opening paragraph of subdivision 3 of section 530.14 of the
     4  criminal procedure law, as amended by chapter 60 of the laws of 2018, is
     5  amended to read as follows:
     6    Revocation or suspension of firearms  license  and  ineligibility  for
     7  such  a  license upon a finding of a willful failure to obey an order of
     8  protection. Whenever a defendant has been found pursuant to  subdivision
     9  eleven  of section 530.12 or subdivision eight of section 530.13 of this
    10  article to have willfully failed to obey an order of  protection  issued
    11  by  a  court  of  competent jurisdiction in this state or another state,
    12  territorial or tribal jurisdiction, in addition to  any  other  remedies
    13  available  pursuant  to subdivision eleven of section 530.12 or subdivi-
    14  sion eight of section 530.13 of this article the court shall inquire  of
    15  the  defendant  and,  outside  of  the  presence  of  the defendant, the
    16  protected party, if the court has reason to believe that such  protected
    17  party would have actual knowledge or reason to know such information, as
    18  to  the existence and location of any firearm, rifle or shotgun owned or
    19  possessed by the defendant and:
    20    § 4. The opening paragraph of subdivision 1 of section  842-a  of  the
    21  family  court  act,  as  amended  by  chapter 60 of the laws of 2018, is
    22  amended to read as follows:
    23    Suspension of firearms license and ineligibility for  such  a  license
    24  upon  the issuance of a temporary order of protection. Whenever a tempo-
    25  rary order of protection is issued pursuant  to  section  eight  hundred
    26  twenty-eight  of  this  article, or pursuant to article four, five, six,
    27  seven or ten of this act the court shall inquire of the respondent  and,
    28  outside  of  the  presence  of the respondent, the petitioner or, if the
    29  petitioner is not the protected  party,  any  party  protected  by  such
    30  order,  if  the  court  has  reason  to  believe that such petitioner or
    31  protected party would have actual  knowledge  or  reason  to  know  such
    32  information,  as  to the existence and location of any firearm, rifle or
    33  shotgun owned or possessed by the respondent and:
    34    § 5. The opening paragraph of subdivision 2 of section  842-a  of  the
    35  family  court  act,  as  amended  by  chapter 60 of the laws of 2018, is
    36  amended to read as follows:
    37    Revocation or suspension of firearms  license  and  ineligibility  for
    38  such  a license upon the issuance of an order of protection. Whenever an
    39  order of protection is issued pursuant to section eight  hundred  forty-
    40  one  of  this part, or pursuant to article four, five, six, seven or ten
    41  of this act the court shall inquire of the respondent  and,  outside  of
    42  the  presence of the respondent, the petitioner or, if the petitioner is
    43  not the protected party, any party protected by such order, if the court
    44  has reason to believe that such petitioner or protected party would have
    45  actual knowledge or reason to know such information, as to the existence
    46  and location of any firearm, rifle or shotgun owned or possessed by  the
    47  respondent and:
    48    §  6.  The  opening paragraph of subdivision 3 of section 842-a of the
    49  family court act, as amended by chapter 60  of  the  laws  of  2018,  is
    50  amended to read as follows:
    51    Revocation  or  suspension  of  firearms license and ineligibility for
    52  such a license upon a finding of a willful failure to obey an  order  of
    53  protection  or  temporary order of protection. Whenever a respondent has
    54  been found, pursuant to section eight hundred forty-six-a of  this  part
    55  to  have  willfully  failed  to obey an order of protection or temporary
    56  order of  protection  issued  pursuant  to  this  act  or  the  domestic

        S. 6443--A                          3

     1  relations  law, or by this court or by a court of competent jurisdiction
     2  in another state, territorial or tribal jurisdiction, in addition to any
     3  other remedies available pursuant to section eight  hundred  forty-six-a
     4  of  this part the court shall inquire of the respondent and, outside the
     5  presence of the respondent, the petitioner or, if the petitioner is  not
     6  the protected party, any party protected by such order, if the court has
     7  reason  to  believe  that  such petitioner or protected party would have
     8  actual knowledge or reason to know such information, as to the existence
     9  and location of any firearm, rifle or shotgun owned or possessed by  the
    10  respondent and:
    11    § 7. This act shall take effect immediately.