STATE OF NEW YORK
________________________________________________________________________
8105
2021-2022 Regular Sessions
IN ASSEMBLY
June 11, 2021
___________
Introduced by M. of A. CLARK -- read once and referred 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 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 the protected party, if the court has
9 reason to believe that such protected party would have actual knowledge
10 or reason to know such information, as to the existence and location of
11 any firearm, rifle or shotgun owned or possessed by the defendant and:
12 § 2. The opening paragraph of subdivision 2 of section 530.14 of the
13 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
14 amended to read as follows:
15 Revocation or suspension of firearms license and ineligibility for
16 such a license upon issuance of an order of protection. Whenever an
17 order of protection is issued pursuant to subdivision five of section
18 530.12 or subdivision four of section 530.13 of this article the court
19 shall inquire of the defendant and the protected party, if the court has
20 reason to believe that such protected party would have actual knowledge
21 or reason to know such information, as to the existence and location of
22 any firearm, rifle or shotgun owned or possessed by the defendant and:
23 § 3. The opening paragraph of subdivision 3 of section 530.14 of the
24 criminal procedure law, as amended by chapter 60 of the laws of 2018, is
25 amended to read as follows:
26 Revocation or suspension of firearms license and ineligibility for
27 such a license upon a finding of a willful failure to obey an order of
28 protection. Whenever a defendant has been found pursuant to subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10477-03-1
A. 8105 2
1 eleven of section 530.12 or subdivision eight of section 530.13 of this
2 article to have willfully failed to obey an order of protection issued
3 by a court of competent jurisdiction in this state or another state,
4 territorial or tribal jurisdiction, in addition to any other remedies
5 available pursuant to subdivision eleven of section 530.12 or subdivi-
6 sion eight of section 530.13 of this article the court shall inquire of
7 the defendant and the protected party, if the court has reason to
8 believe that such protected party would have actual knowledge or reason
9 to know such information, as to the existence and location of any
10 firearm, rifle or shotgun owned or possessed by the defendant and:
11 § 4. The opening paragraph of subdivision 1 of section 842-a of the
12 family court act, as amended by chapter 60 of the laws of 2018, is
13 amended to read as follows:
14 Suspension of firearms license and ineligibility for such a license
15 upon the issuance of a temporary order of protection. Whenever a tempo-
16 rary order of protection is issued pursuant to section eight hundred
17 twenty-eight of this article, or pursuant to article four, five, six,
18 seven or ten of this act the court shall inquire of the respondent and
19 the petitioner or, if the petitioner is not the protected party, any
20 party protected by such order, if the court has reason to believe that
21 such petitioner or protected party would have actual knowledge or reason
22 to know such information, as to the existence and location of any
23 firearm, rifle or shotgun owned or possessed by the respondent and:
24 § 5. The opening paragraph of subdivision 2 of section 842-a of the
25 family court act, as amended by chapter 60 of the laws of 2018, is
26 amended to read as follows:
27 Revocation or suspension of firearms license and ineligibility for
28 such a license upon the issuance of an order of protection. Whenever an
29 order of protection is issued pursuant to section eight hundred forty-
30 one of this part, or pursuant to article four, five, six, seven or ten
31 of this act the court shall inquire of the respondent and the petitioner
32 or, if the petitioner is not the protected party, any party protected by
33 such order, if the court has reason to believe that such petitioner or
34 protected party would have actual knowledge or reason to know such
35 information, as to the existence and location of any firearm, rifle or
36 shotgun owned or possessed by the respondent and:
37 § 6. The opening paragraph of subdivision 3 of section 842-a of the
38 family court act, as amended by chapter 60 of the laws of 2018, is
39 amended to read as follows:
40 Revocation or suspension of firearms license and ineligibility for
41 such a license upon a finding of a willful failure to obey an order of
42 protection or temporary order of protection. Whenever a respondent has
43 been found, pursuant to section eight hundred forty-six-a of this part
44 to have willfully failed to obey an order of protection or temporary
45 order of protection issued pursuant to this act or the domestic
46 relations law, or by this court or by a court of competent jurisdiction
47 in another state, territorial or tribal jurisdiction, in addition to any
48 other remedies available pursuant to section eight hundred forty-six-a
49 of this part the court shall inquire of the respondent and the petition-
50 er or, if the petitioner is not the protected party, any party protected
51 by such order, if the court has reason to believe that such petitioner
52 or protected party would have actual knowledge or reason to know such
53 information, as to the existence and location of any firearm, rifle or
54 shotgun owned or possessed by the respondent and:
55 § 7. This act shall take effect immediately.