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NY S06363
Bill
Status
10/18/2022
Primary Sponsor
Shelley Mayer
Click for details
AI Summary
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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.
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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.
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Courts retain discretionary authority to order seizure "for other good cause shown" beyond willful refusal to surrender.
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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.
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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