S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9515
                                 I N  A S S E M B L Y
                                      May 6, 2014
                                      ___________
       Introduced  by  M.  of  A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, JACOBS,
         MAGNARELLI, MILLMAN, OTIS, QUART, ROBINSON, SCARBOROUGH -- Multi-Spon-
         sored by -- M. of A. GALEF, RIVERA, THIELE -- read once  and  referred
         to the Committee on Codes
       AN  ACT  to  amend  the  penal  law,  in relation to orders to surrender
         subject weapons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 60.12-a to
    2  read as follows:
    3  S 60.12-A ORDER TO SURRENDER.
    4    1.  FOR  PURPOSES  OF  THIS  SECTION,  "SUBJECT WEAPON" MEANS A "BLACK
    5  POWDER RIFLE," "BLACK POWDER SHOTGUN," OR ANY "MUZZLE-LOADING  FIREARM,"
    6  OR AN "ANTIQUE FIREARM."
    7    2.  WHENEVER  A PERSON IS CONVICTED OF ASSAULT OR ATTEMPTED ASSAULT IN
    8  THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THIS CHAP-
    9  TER, MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED  IN
   10  SECTION  120.14  AND  110.00  OF  THIS  CHAPTER, CRIMINAL OBSTRUCTION OF
   11  BREATHING OR BLOOD CIRCULATION  OR  ATTEMPTED  CRIMINAL  OBSTRUCTION  OF
   12  BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
   13  OF  THIS  CHAPTER,  FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS
   14  DEFINED IN SECTIONS 130.52 AND 110.00 OF THIS CHAPTER, AND THE DEFENDANT
   15  HAS BEEN DETERMINED, PURSUANT TO SECTION 370.15 OF THE  CRIMINAL  PROCE-
   16  DURE  LAW, TO BE RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE IN THE
   17  MANNER SPECIFIED IN 18 U.S.C.  921(A)(33)(A)(II), THE COURT SHALL  ORDER
   18  THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
   19  SUBDIVISION  A  OF SECTION 265.20 OF THIS CHAPTER AND SUBDIVISION SIX OF
   20  SECTION 400.05 OF THIS CHAPTER, OF ANY OR ALL SUBJECT WEAPONS  OWNED  OR
   21  POSSESSED.
   22    3.  (A)  WHENEVER A PERSON IS CONVICTED AS PROVIDED IN SUBDIVISION TWO
   23  OF THIS SECTION, THE COURT SHALL REQUIRE THE RESPONDENT  TO  INFORM  THE
   24  COURT  OF ALL SUBJECT WEAPONS HE OR SHE OWNS OR POSSESSES.  ANY ORDER TO
   25  SURRENDER ONE OR MORE SUBJECT WEAPONS SHALL SPECIFY A DATE AND  TIME  BY
   26  WHICH  THE  SURRENDER  SHALL  BE  COMPLETED AND, TO THE EXTENT POSSIBLE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14921-02-4
       A. 9515                             2
    1  SHALL DESCRIBE SUCH SUBJECT WEAPONS TO BE SURRENDERED AND  SHALL  DIRECT
    2  THE  AUTHORITY RECEIVING SUCH SURRENDERED SUBJECT WEAPONS TO IMMEDIATELY
    3  NOTIFY THE COURT OF SUCH SURRENDER.
    4    (B)  THE PROMPT SURRENDER OF ONE OR MORE SUBJECT WEAPONS PURSUANT TO A
    5  COURT ORDER ISSUED PURSUANT TO THIS SECTION SHALL BE CONSIDERED A VOLUN-
    6  TARY SURRENDER FOR PURPOSES OF SUBPARAGRAPH  (F)  OF  PARAGRAPH  ONE  OF
    7  SUBDIVISION  A OF SECTION 265.20 OF THIS CHAPTER. THE DISPOSITION OF ANY
    8  SUCH SUBJECT WEAPONS SHALL BE  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
    9  SUBDIVISION SIX OF SECTION 400.05 OF THIS CHAPTER.
   10    (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
   11  RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
   12  DIRECT THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS,
   13  OTHER  FIREARMS,  OR  SUBJECT WEAPONS OWNED OR POSSESSED BY A RESPONDENT
   14  PURSUANT TO THIS CHAPTER.
   15    4. (A) THE COURT ORDERING THE  SURRENDER  OF  ANY  SUBJECT  WEAPON  AS
   16  PROVIDED  IN  THIS SECTION SHALL IMMEDIATELY NOTIFY THE DULY CONSTITUTED
   17  POLICE AUTHORITIES OF THE LOCALITY OF SUCH ACTION AND  THE  DIVISION  OF
   18  STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
   19    (B)  WHERE  AN  ORDER  OF  SURRENDER IS MODIFIED OR VACATED, THE COURT
   20  SHALL IMMEDIATELY NOTIFY THE DULY CONSTITUTED POLICE AUTHORITIES OF  THE
   21  LOCALITY  CONCERNING  SUCH  ACTION AND SHALL GIVE WRITTEN NOTICE THEREOF
   22  WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE POLICE AT ITS  OFFICE
   23  IN THE CITY OF ALBANY.
   24    5.  THE  RESPONDENT SHALL HAVE THE RIGHT TO A HEARING BEFORE THE COURT
   25  REGARDING ANY SURRENDER ORDER ISSUED PURSUANT TO THIS SECTION,  PROVIDED
   26  THAT  NOTHING  IN THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING
   27  ANY SUCH ORDER PRIOR TO A HEARING. WHERE THE COURT HAS  ISSUED  SUCH  AN
   28  ORDER PRIOR TO A HEARING, IT SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN
   29  DAYS OF THE DATE SUCH ORDER WAS ISSUED.
   30    S  2.  Subdivision 4 of section 265.01 of the penal law, as amended by
   31  chapter 1 of the laws of 2013, is amended to read as follows:
   32    (4) He possesses a FIREARM, rifle,  shotgun,  antique  firearm,  black
   33  powder  rifle,  black powder shotgun, or any muzzle-loading firearm, and
   34  has been convicted of a felony or serious  offense  OR  AN  OFFENSE  SET
   35  FORTH IN SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW IN WHICH THE COURT
   36  MAKES  A SPECIFIC WRITTEN DETERMINATION THAT THE DEFENDANT IS RELATED OR
   37  SITUATED TO THE VICTIM OF THE CRIME IN THE MANNER SPECIFIED IN 18 U.S.C.
   38  921(A)(33)(A)(II) AS PROVIDED IN SECTION 370.15 OF THE  CRIMINAL  PROCE-
   39  DURE LAW; or
   40    S  3.  This  act  shall  take  effect  immediately  and shall apply to
   41  convictions on or after such effective date as well as  to  charges  for
   42  such  offenses pending on such effective date for which sentence had not
   43  yet been imposed.