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Sponsors
No co-sponsors yet.
History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes the safe homes act
In Assembly Committee · Codes · Sponsor Nily Rozic
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to establishing the safe homes act
Purpose
To keep homes safe from the deadly combination of guns and domestic violence.
Summary of provisions
Section I titles the bill.
Section II amends section 140.10 of the criminal procedure law by adding a new subdivision 6 requiring law enforcement officers responding to a report of domestic violence to (1) determine whether there are firearms present at the scene of the incident, and (2) in the event of an arrest, remove such firearms and any relevant licenses to obtain firearms which are owned or possessed by the person being arrested until the court responsible for adjudicating the offense authorizes their release.
Section III sets forth the effective date.
Justification
Domestic violence incidents are emotionally charged and highly volatile. Having a gun in the household increases the risk of a domestic violence incident turning deadly. Separating alleged offenders from firearms is an important step in safeguarding family members and responding law enforcement officers.
Currently New York State does not require law enforcement officers to remove firearms from the scene of a domestic violence incident, even if an arrest is made. The New York City Police Department has an internal policy, but it is not clear whether the requirement for officers to remove a firearm is triggered by an arrest or by the officer's own judgment of whether the incident involved physical force; the policy is also unclear on whether firearms or licenses held by the victim should also be removed.
Many other states have adopted laws similar to this legislation, including California, Illinois, Montana, West Virginia, Nebraska, New Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah, Alaska, Arizona, Connecticut, Hawaii, Indiana and Maryland. It is time that New York State adopts a statewide, uniform standard for removing guns from domestic violence perpetrators until a court determines that it is safe for the gun to be returned.
Legislative history
2014: A03516A (Rozic)-Codes 2013: A03516 (Rozic)-Codes 2012: A06746A (Lancman)-Codes 2011: A06746 (Lancman)-Codes
Fiscal impact on the state
None.
Effective date
The act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.