Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that amends criminal justice laws and regulations, including procedures for the seizure of firearms in response to family violence offenses.

Highlights:

• Establishes the Criminal Justice Discovery Compensation Fund, held in the joint custody of the state Comptroller’s Office and the Commissioner of Taxation and Finance, that will consist of $40 million from funds secured by payments associated with state-sanctioned deferred prosecution agreements currently held on deposit with the Manhattan District Attorney’s office (Part E, Sec. 1).

• Specifies that money within the Fund will be used for local assistance services and expenses related to discovery reform implementation, including digital evidence transmission technology, administrative support, computers, hardware and operating software, data connectivity, development of training materials, staff training, overtime costs, litigation readiness, and pretrial services (Part E, Sec. 1).

• Specifies that eligible entities for use of the Fund will be limited to counties, cities with populations less than one million, and law enforcement and prosecutorial entities within towns and villages (Part E, Sec. 1).

• Authorizes a police officer who responds to a report of a family offense to take temporary custody of any firearm, rifle, electronic dart gun, electronic stun gun, disguised gun imitation weapon, shotgun, antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm that is in plain sight or is discovered pursuant to a consensual or otherwise lawful search, from a person who is arrested for the commission of a family offense, as part of the Safe Homes and Families Act (Part M, Sec. 1). 

• Authorizes a police officer who takes custody of a weapon to also take custody of any license to carry, possess, repair, or dispose of such weapon issued to the person arrested for a family offense, and must deliver the weapon or license to the appropriate law enforcement officer (Part M, Sec. 1). 

• Specifies that no less than 48 hours after effecting the weapon seizure and upon a written finding that there is no legal impediment to the owner’s possession of such a weapon or license, the weapon or license will be returned, unless either is found (Part M, Sec. 1):

• An order of protection, an extreme risk protection order, or other court order prohibiting the owner from possessing such weapon or license; or

• A pending criminal charge or conviction which prohibits such owner from possessing such weapon or license.

• Authorizes the court to seize the weapon of a defendant who willfully refuses to surrender their firearm, rifle, or shotgun (Part M, Sec. 1).

• Specifies that if another person demonstrates that they are the lawful owner of the weapon taken into custody and there is no legal impediment to the person’s possession of such weapon, the court must return the weapon to the lawful owner (Part M, Sec. 1).

• Requires an updated list of offenses that are considered serious offenses in any jurisdiction to be posted on a website maintained by the Division of Criminal Justice Services (Part N, Sec. 1).

• Specifies that any of the following offenses defined in the current penal and law and any offense in any jurisdiction or the former penal law that include, all the essential elements of the following offenses, including (Part N, Sec. 1):

• Obscenity in the third degree; 

• Issuing abortional articles; 

• Permitting prostitution; 

• Promoting prostitution in the third degree; 

• Stalking in the third and fourth degree; 

• Sexual misconduct; 

• Forcible touching; 

• Sexual abuse in the second and third degree; 

• Criminal possession of a controlled substance in the seventh degree; 

• Criminally possessing a hypodermic instrument; 

• Criminally using drug paraphernalia in the second degree; 

• Criminal possession of methamphetamine manufacturing material in the second degree; and

• A hate crime. 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends criminal justice laws and regulations, including procedures for the seizure of firearms in response to family violence offenses.

Highlights:

• Establishes the Criminal Justice Discovery Compensation Fund, held in the joint custody of the state Comptroller’s Office and the Commissioner of Taxation and Finance, that will consist of $40 million from funds secured by payments associated with state-sanctioned deferred prosecution agreements currently held on deposit with the Manhattan District Attorney’s office (Part E, Sec. 1).

• Specifies that money within the Fund will be used for local assistance services and expenses related to discovery reform implementation, including digital evidence transmission technology, administrative support, computers, hardware and operating software, data connectivity, development of training materials, staff training, overtime costs, litigation readiness, and pretrial services (Part E, Sec. 1).

• Specifies that eligible entities for use of the Fund will be limited to counties, cities with populations less than one million, and law enforcement and prosecutorial entities within towns and villages (Part E, Sec. 1).

• Authorizes a police officer who responds to a report of a family offense to take temporary custody of any firearm, rifle, electronic dart gun, electronic stun gun, disguised gun imitation weapon, shotgun, antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm that is in plain sight or is discovered pursuant to a consensual or otherwise lawful search, from a person who is arrested for the commission of a family offense, as part of the Safe Homes and Families Act (Part M, Sec. 1). 

• Authorizes a police officer who takes custody of a weapon to also take custody of any license to carry, possess, repair, or dispose of such weapon issued to the person arrested for a family offense, and must deliver the weapon or license to the appropriate law enforcement officer (Part M, Sec. 1). 

• Specifies that no less than 48 hours after effecting the weapon seizure and upon a written finding that there is no legal impediment to the owner’s possession of such a weapon or license, the weapon or license will be returned, unless either is found (Part M, Sec. 1):

• An order of protection, an extreme risk protection order, or other court order prohibiting the owner from possessing such weapon or license; or

• A pending criminal charge or conviction which prohibits such owner from possessing such weapon or license.

• Authorizes the court to seize the weapon of a defendant who willfully refuses to surrender their firearm, rifle, or shotgun (Part M, Sec. 1).

• Specifies that if another person demonstrates that they are the lawful owner of the weapon taken into custody and there is no legal impediment to the person’s possession of such weapon, the court must return the weapon to the lawful owner (Part M, Sec. 1).

• Requires an updated list of offenses that are considered serious offenses in any jurisdiction to be posted on a website maintained by the Division of Criminal Justice Services (Part N, Sec. 1).

• Specifies that any of the following offenses defined in the current penal and law and any offense in any jurisdiction or the former penal law that include, all the essential elements of the following offenses, including (Part N, Sec. 1):

• Obscenity in the third degree; 

• Issuing abortional articles; 

• Permitting prostitution; 

• Promoting prostitution in the third degree; 

• Stalking in the third and fourth degree; 

• Sexual misconduct; 

• Forcible touching; 

• Sexual abuse in the second and third degree; 

• Criminal possession of a controlled substance in the seventh degree; 

• Criminally possessing a hypodermic instrument; 

• Criminally using drug paraphernalia in the second degree; 

• Criminal possession of methamphetamine manufacturing material in the second degree; and

• A hate crime. 

Full Bill Text