S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          34
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- 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 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 added by chapter 644 of the laws of 1996,
    3  is 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 THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO
    9  THE EXISTENCE AND LOCATION OF ANY FIREARM  OWNED  OR  POSSESSED  BY  THE
   10  DEFENDANT AND:
   11    S  2.  The opening paragraph of subdivision 2 of section 530.14 of the
   12  criminal procedure law, as added by chapter 644 of the laws of 1996,  is
   13  amended to read as follows:
   14    Mandatory  and permissive revocation or suspension of firearms license
   15  and ineligibility for such a  license  upon  issuance  of  an  order  of
   16  protection. Whenever an order of protection is issued pursuant to subdi-
   17  vision  five  of section 530.12 or subdivision four of section 530.13 of
   18  this article THE COURT SHALL INQUIRE OF THE DEFENDANT AS TO  THE  EXIST-
   19  ENCE  AND  LOCATION  OF  ANY FIREARM OWNED OR POSSESSED BY THE DEFENDANT
   20  AND:
   21    S 3. The opening paragraph of subdivision 3 of section 530.14  of  the
   22  criminal  procedure  law, as amended by chapter 597 of the laws of 1998,
   23  is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00350-01-3
       S. 34                               2
    1    Mandatory and permissive revocation or suspension of firearms  license
    2  and ineligibility for such a license upon a finding of a willful failure
    3  to  obey  an  order  of  protection. Whenever a defendant has been found
    4  pursuant to subdivision eleven of section 530.12 or subdivision eight of
    5  section 530.13 of this article to have willfully failed to obey an order
    6  of  protection issued by a court of competent jurisdiction in this state
    7  or another state, territorial or tribal jurisdiction, in addition to any
    8  other remedies available  pursuant  to  subdivision  eleven  of  section
    9  530.12  or subdivision eight of section 530.13 of this article THE COURT
   10  SHALL INQUIRE OF THE DEFENDANT AS TO THE EXISTENCE AND LOCATION  OF  ANY
   11  FIREARM OWNED OR POSSESSED BY THE DEFENDANT AND:
   12    S  4.  The  opening paragraph of subdivision 1 of section 842-a of the
   13  family court act, as added by chapter  644  of  the  laws  of  1996,  is
   14  amended to read as follows:
   15    Mandatory  and  permissive suspension of firearms license and ineligi-
   16  bility for such a license upon the issuance  of  a  temporary  order  of
   17  protection.  Whenever a temporary order of protection is issued pursuant
   18  to  section  eight  hundred twenty-eight of this article THE COURT SHALL
   19  INQUIRE OF THE RESPONDENT AS  TO  THE  EXISTENCE  AND  LOCATION  OF  ANY
   20  FIREARM OWNED OR POSSESSED BY THE RESPONDENT AND:
   21    S  5.  The  opening paragraph of subdivision 2 of section 842-a of the
   22  family court act, as added by chapter  644  of  the  laws  of  1996,  is
   23  amended to read as follows:
   24    Mandatory  and permissive revocation or suspension of firearms license
   25  and ineligibility for such a license upon the issuance of  an  order  of
   26  protection.  Whenever  an  order  of  protection  is  issued pursuant to
   27  section eight hundred forty-one of this part THE COURT SHALL INQUIRE  OF
   28  THE  RESPONDENT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM OWNED OR
   29  POSSESSED BY THE RESPONDENT AND:
   30    S 6. The opening paragraph of subdivision 3 of section  842-a  of  the
   31  family  court  act,  as  amended  by chapter 597 of the laws of 1998, is
   32  amended to read as follows:
   33    Mandatory and permissive revocation or suspension of firearms  license
   34  and ineligibility for such a license upon a finding of a willful failure
   35  to  obey  an  order of protection. Whenever a respondent has been found,
   36  pursuant to section eight hundred forty-six-a of this part to have will-
   37  fully failed to obey an order of protection issued by this court  or  an
   38  order  of  protection  issued  by  a  court of competent jurisdiction in
   39  another state, territorial or tribal jurisdiction, in  addition  to  any
   40  other  remedies  available pursuant to section eight hundred forty-six-a
   41  of this part THE COURT SHALL INQUIRE OF THE RESPONDENT AS TO THE  EXIST-
   42  ENCE  AND  LOCATION  OF ANY FIREARM OWNED OR POSSESSED BY THE RESPONDENT
   43  AND:
   44    S 7. This act shall take effect immediately.