Bill Text: NY A03359 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the crime of falsely filing an extreme risk protection order to be punishable as a class E felony.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-05-07 - held for consideration in codes [A03359 Detail]

Download: New_York-2023-A03359-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3359

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced by M. of A. REILLY -- read once and referred to the Committee
          on Codes

        AN  ACT  to amend the penal law and the civil practice law and rules, in
          relation to falsely filing an extreme risk protection order

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 400.12 to
     2  read as follows:
     3  § 400.12 Falsely filing an extreme risk protection order.
     4    Any person that uses information he or she knows to be false  to  file
     5  an  application for an extreme risk protection order pursuant to article
     6  sixty-three-A of the civil practice law and rules  shall  be  guilty  of
     7  falsely filing an extreme risk protection order.
     8    Falsely filing an extreme risk protection order is a class E felony.
     9    §  2.  The  civil  practice  law  and rules is amended by adding a new
    10  section 6349 to read as follows:
    11    § 6349. Falsely filing an extreme risk protection  order.  Any  person
    12  that uses information he or she knows to be false to file an application
    13  for  an  extreme risk protection order pursuant to this article shall be
    14  guilty of falsely filing an extreme risk protection  order  pursuant  to
    15  section 400.12 of the penal law.
    16    § 3. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02029-01-3
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