IN SENATE
                                       May 2, 2016
        Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN  ACT to amend the criminal procedure law, in relation to establishing
          the safe homes act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "safe homes
     2  act".
     3    § 2. Section 140.10 of the criminal procedure law is amended by adding
     4  a new subdivision 6 to read as follows:
     5    6.  (a)  A police officer who responds to a report of a family offense
     6  as defined in section 530.11 of this chapter and section  eight  hundred
     7  twelve  of  the  family court act may, in the interest of public safety,
     8  take temporary custody of any firearm, rifle, electronic dart gun, elec-
     9  tronic stun gun,  disguised  gun,  imitation  weapon,  shotgun,  antique
    10  firearm,  black  powder  rifle,  black powder shotgun, or muzzle-loading
    11  firearm that is in plain sight or is discovered pursuant to a consensual
    12  or other lawful search, and shall take temporary  custody  of  any  such
    13  weapon  that is in the possession of any person arrested for the commis-
    14  sion of such family offense or suspected of its commission.  An  officer
    15  who  takes  custody  of any weapon pursuant to this paragraph shall also
    16  take custody of any license to carry, possess,  repair  and  dispose  of
    17  such  weapon  issued to the person suspected of such family offense. The
    18  officer shall deliver such weapon and/or license to the appropriate  law
    19  enforcement  officer  as provided in paragraph (f) of subdivision one of
    20  section 265.20 of the penal law.
    21    (b) Upon taking custody of weapons or a license described in paragraph
    22  (a) of this subdivision, the responding officer shall give the owner  or
    23  person  in  possession  of  such weapons or license a receipt describing
    24  such weapons or license and  indicating  any  identification  or  serial
    25  number on such weapons. Such receipt shall indicate where the weapons or
    26  license  can be recovered and describe the process for recovery provided
    27  in paragraph (d) of this subdivision.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7443                             2
     1    (c) A weapon described in paragraph (a) of this  subdivision  that  is
     2  utilized  in the commission of an offense, that is unlawfully possessed,
     3  or that a court orders to be surrendered pursuant to subdivision two  or
     4  subdivision  three  of  section  eight hundred forty-two-a of the family
     5  court act shall be declared a nuisance as provided in subdivision one of
     6  section  400.05  of  the  penal law and either disposed of in the manner
     7  described in subdivision two or  retained  as  provided  in  subdivision
     8  three of section 400.05 of the penal law.
     9    (d)  Not  less  than  one hundred twenty hours or, in the event that a
    10  Saturday, Sunday or legal holiday occurs during such period, one hundred
    11  forty-four hours after a weapon, other than a weapon described in  para-
    12  graph  (c)  of  this  subdivision,  is  taken  into temporary custody as
    13  provided in paragraph (a) of this subdivision, the owner or  person  who
    14  was  in lawful possession of such weapon shall have the right to arrange
    15  for the sale or transfer of such weapon to a dealer, or  to  himself  or
    16  herself,  in the manner provided in subdivision six of section 400.05 of
    17  the penal law.
    18    § 3. This act shall take effect immediately.