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NY S06363

Bill

Status

Passed

10/18/2022

Primary Sponsor

Shelley Mayer

Click for details

Origin

Senate

2021-2022 General Assembly

AI Summary

  • Amends Criminal Procedure Law Section 530.14 (subdivisions 1, 2, and 3) to change court authority from discretionary "may" to mandatory "shall" regarding firearm seizure when a defendant willfully refuses to surrender firearms, rifles, or shotguns.

  • Amends Family Court Act Section 842-a (subdivisions 1, 2, and 3) with identical changes requiring courts to order immediate seizure and search for firearms when a defendant willfully refuses surrender.

  • Courts retain discretionary authority to order seizure "for other good cause shown" beyond willful refusal to surrender.

  • All seizure orders must be issued in accordance with Article 690 of the Criminal Procedure Law and remain consistent with constitutional protections under state and federal law.

  • Takes effect immediately upon enactment.

Legislative Description

Requires the court to order the search for and immediate seizure of firearms, rifles, or shotguns when a defendant willfully refuses to surrender such firearms, rifles or shotguns.

Last Action

SIGNED CHAP.576

10/18/2022

Committee Referrals

Codes5/23/2022
Codes1/5/2022
Codes5/11/2021
Codes4/26/2021

Full Bill Text

No bill text available