Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection to inquire as to the possession of a firearm by the defendant or respondant

1 Co-sponsor

• John J. Flanagan

Title of bill

An act to amend the criminal procedure law and the family court act, in relation to orders of protection

Purpose

This bill would protect victims of domestic violence by requiring criminal or family court judges to inquire about the defendant's or respondent's possession of a firearm when orders of protection are sought.

Summary of provisions

Section one of the bill amends the opening paragraph of subdivision 1 of section 530.14 of the Criminal Procedure Law by requiring the court to inquire of the defendant as to the existence and location of any firearm owned or possessed by the defendant, upon issuance of a temporary order of protection.

Section 2 of the bill amends the opening paragraph of subdivision 2 of section 530.14 of the Criminal Procedure Law by requiring the court to inquire of defendant as to the existence and location of any firearm owned or possessed by the defendant, upon issuance of an order of protection.

Section 3 of the bill amends the opening paragraph of subdivision 3 of section 530.14 of the Criminal Procedure Law by requiring the court to inquire of defendant as to the existence and location of any firearm owned or possessed by the defendant whenever a defendant has been found to have willfully failed to obey an order of protection issued by a court of competent jurisdiction in this state or another state, territorial or tribal jurisdiction, pursuant to subdivision eleven of section 530.12 or subdivision eight of section 530.13.

Section 4 of the bill amends the opening paragraph of subdivision 1 of section 842-a of the Family Court Act by requiring the court to inquire of defendant as to the existence and location of any firearm owned or possessed by the defendant, upon issuance of an order of protection.

Section 5 establishes that this act shall take effect immediately.

The only change in the A-print is in section 4 of the bill, which had previously amended section 154-c of the Family Court Act by adding a new subdivision 4 to accomplish the same goal as the preceding bill sections, but with somewhat different language than the amendments to the Criminal Procedure Law. Section 4 of the bill now amends section 842-a of the Family Court Act in the same way that the preceding sections of the bill amend the Criminal Procedure Law.

Justification

Current law provides for the mandatory and permissive revocation or suspension of firearms licenses and ineligibility for such licenses upon issuance of temporary orders of protection or orders of protection. However, those statutes do not require the court to actually inquire as to the existence and location of any firearms owned or possessed by the defendant or respondent. Currently, some judges do make such an inquiry, while others do not. This bill will help ensure that judges have information they need to make the decisions already required by existing statutes by mandating that this inquiry be made on issuance of orders of protection or upon willful failure to obey previous orders. Thus, courts will have, as a matter of record, disclosure by defendants or respondents regarding the existence and location of any and all firearms owned or possessed by a defendant or respondent in these matters. LEGISLATIVE HISTORY : A.1497/S.4416 (passed Assembly 2007-2008); A.2404/S.1929 (passed Assembly 2005-06); A.6820 (passed Assembly 2004).

Fiscal implications

None.

Effective date

This act shall take effect immediately.