S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1157
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. CAHILL, ORTIZ -- Multi-Sponsored by -- M. of A.
         COLTON, V. LOPEZ, SCARBOROUGH, WRIGHT -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to the temporary surrender of
         firearms for public safety purposes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 400.05 of the penal law is amended by adding a new
    2  subdivision 7 to read as follows:
    3    7. (A) ANY PERSON WHO IS TAKEN INTO CUSTODY  BY  THE  POLICE  FOR  THE
    4  PURPOSE  OF  A  MENTAL  EXAMINATION, AND PRIOR TO AN EXAMINATION ORDERED
    5  PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE  LAW,
    6  SHALL  BE REQUIRED TO SURRENDER HIS OR HER FIREARMS AS DEFINED IN SUBDI-
    7  VISION THREE OF SECTION 265.00 OF THIS CHAPTER, TO THE POLICE.
    8    (B) THERE SHALL BE A "COOLING OFF PERIOD" FOLLOWING THE DISCHARGE FROM
    9  PSYCHIATRIC CARE DURING WHICH TIME  FIREARMS,  WHICH  CAME  INTO  POLICE
   10  CUSTODY  DURING  THE PERSON'S PRE-HOSPITALIZATION INTERVENTION OR DURING
   11  HOSPITALIZATION, MAY BE KEPT IN POLICE CUSTODY FOR THIRTY DAYS, OR AFTER
   12  A PSYCHIATRIC EXAMINER HAS DETERMINED WHETHER THE PERSON IS A THREAT  TO
   13  HIMSELF OR HERSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION
   14  MAY  ORDER  AN EARLY RETURN OF THE FIREARMS IF HE OR SHE DETERMINES THAT
   15  IT WOULD BE APPROPRIATE TO DO SO.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03671-01-3