File #: Res 0858-2011    Version: * Name: Requiring judges in criminal and family court proceedings to inquire as to the possession of a firearm by a defendant or respondent when an order of protection is issued. (S.1003-A/A.2494-B)
Type: Resolution Status: Filed
Committee: Committee on Women's Issues
On agenda: 6/14/2011
Enactment date: Law number:
Title: Resolution in support of S.1003-A/A.2494-B, which would amend the Criminal Procedure Law and the Family Court Act by requiring judges in criminal and family court proceedings to inquire as to the possession of a firearm by a defendant or respondent when an order of protection is issued.
Sponsors: Darlene Mealy, Lewis A. Fidler, Letitia James, G. Oliver Koppell, Rosie Mendez, Mark S. Weprin, Jumaane D. Williams, James Vacca
Council Member Sponsors: 8
Attachments: 1. Committee Report 6/13/11, 2. Hearing Testimony 6/13/11, 3. Hearing Transcript 6/13/11
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2013*Darlene Mealy City Council Filed (End of Session)  Action details Meeting details Not available
6/14/2011*Darlene Mealy City Council Referred to Comm by Council  Action details Meeting details Not available
6/14/2011*Darlene Mealy City Council Introduced by Council  Action details Meeting details Not available
6/13/2011*Darlene Mealy Committee on Public Safety P-C Item Laid Over by Comm  Action details Meeting details Not available
6/13/2011*Darlene Mealy Committee on Public Safety Hearing on P-C Item by Comm  Action details Meeting details Not available
6/13/2011*Darlene Mealy Committee on Women's Issues P-C Item Laid Over by Comm  Action details Meeting details Not available
6/13/2011*Darlene Mealy Committee on Women's Issues Hearing on P-C Item by Comm  Action details Meeting details Not available
Preconsidered Res. No. 858
 
 
Resolution in support of S.1003-A/A.2494-B, which would amend the Criminal Procedure Law and the Family Court Act by requiring judges in criminal and family court proceedings to inquire as to the possession of a firearm by a defendant or respondent when an order of protection is issued.
 
 
By Council Members Mealy, Fidler, James, Koppell, Mendez, Weprin, Williams and Vacca   
 
Whereas, Domestic violence continues to be a problem in New York City and around the country; and
Whereas, The physical actions of domestic violence abusers can range from pushing and shoving to beating, stabbing, and even shooting; and
Whereas, According to the New York City Domestic Violence Fatality Review Report, between 2002 and 2009, there were 543 family-related homicides; 26 percent of which involved a firearm; and
      Whereas, Given that firearms were the cause of 142 family-related homicides in this time period, all steps should be taken to ensure that domestic violence abusers do not have ready access to firearms; and
Whereas, One protective measure available to victims is a family or criminal court order of protection, in which the judge can order a respondent or defendant to stay away from a victim's home, work place, or other location; and
Whereas, Current law allows judges to order, under certain circumstances, the revocation or suspension of a firearms license for domestic violence abusers and to order that they surrender the firearms they currently have; and
Whereas, Judges can also render domestic violence abusers ineligible for firearms licenses; and
      Whereas, Upon issuing a temporary order of protection or an order of protection some judges inquire whether the defendant or the respondent possesses a firearm; and
Whereas, Not all judges make such an inquiry, despite its importance in protecting a victim; and
      Whereas, New York State needs to pass stricter laws in order to identify all the firearms that can potentially cause harm to domestic violence victims; and
       Whereas, In order to standardize the process of inquiring about firearms in the context of orders of protection, State Senator Jose Peralta and Assemblymember Daniel J. O'Donnell introduced S.1003-A/A.2494-B, which would amend the criminal procedure law and the family court act to require judges, upon issuing an order of protection, to inquire as to the ownership and location of a firearm by the defendant or respondent; and
      Whereas, On March 29, 2011, the State Assembly passed the bill and it is now pending in the Senate; now, therefore, be it
      Resolved, That the Council of the City of New York supports S.1003-A/A.2494-B, which would amend the Criminal Procedure Law and the Family Court Act by requiring judges in criminal and family court proceedings to inquire as to the possession of a firearm by a defendant or respondent when an order of protection is issued.
 
SA
6/6/11
LS# 2445