S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3516--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced  by  M.  of A. ROZIC, ARROYO -- read once and referred to the
         Committee on Codes -- recommitted to the Committee on Codes in accord-
         ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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    S 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05106-02-4
       A. 3516--A                          2
    1  PERSON IN POSSESSION OF SUCH WEAPONS OR  LICENSE  A  RECEIPT  DESCRIBING
    2  SUCH  WEAPONS  OR  LICENSE  AND  INDICATING ANY IDENTIFICATION OR SERIAL
    3  NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS OR
    4  LICENSE  CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY PROVIDED
    5  IN PARAGRAPH (D) OF THIS SUBDIVISION.
    6    (C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION  THAT  IS
    7  UTILIZED  IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY POSSESSED,
    8  OR THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO  OR
    9  SUBDIVISION  THREE  OF  SECTION  EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY
   10  COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
   11  SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED  OF  IN  THE  MANNER
   12  DESCRIBED  IN  SUBDIVISION  TWO  OR  RETAINED AS PROVIDED IN SUBDIVISION
   13  THREE OF SECTION 400.05 OF THE PENAL LAW.
   14    (D) NOT LESS THAN ONE HUNDRED TWENTY HOURS OR, IN  THE  EVENT  THAT  A
   15  SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH PERIOD, ONE HUNDRED
   16  FORTY-FOUR  HOURS AFTER A WEAPON, OTHER THAN A WEAPON DESCRIBED IN PARA-
   17  GRAPH (C) OF THIS  SUBDIVISION,  IS  TAKEN  INTO  TEMPORARY  CUSTODY  AS
   18  PROVIDED  IN  PARAGRAPH (A) OF THIS SUBDIVISION, THE OWNER OR PERSON WHO
   19  WAS IN LAWFUL POSSESSION OF SUCH WEAPON SHALL HAVE THE RIGHT TO  ARRANGE
   20  FOR  THE  SALE  OR TRANSFER OF SUCH WEAPON TO A DEALER, OR TO HIMSELF OR
   21  HERSELF, IN THE MANNER PROVIDED IN SUBDIVISION SIX OF SECTION 400.05  OF
   22  THE PENAL LAW.
   23    S 3. This act shall take effect immediately.