Bill Text: NY A06126 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to notifying certain individuals who apply for or are issued an order of protection or a temporary order of protection, of their ability to apply for an extreme risk protection order.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2022-01-05 - ordered to third reading cal.201 [A06126 Detail]
Download: New_York-2021-A06126-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6126 2021-2022 Regular Sessions IN ASSEMBLY March 10, 2021 ___________ Introduced by M. of A. SIMON -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules and the criminal proce- dure law, in relation to notifying certain individuals of their abili- ty to apply for 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 civil practice law and rules is amended by adding a new 2 section 6348 to read as follows: 3 § 6348. Notice of ability to apply for an extreme risk protection 4 order. Where an order of protection or a temporary order of protection 5 is applied for, issued, modified, or extended under article four, five, 6 six, seven, eight, or ten of the family court act, or section two 7 hundred forty or two hundred fifty-two of the domestic relations law, 8 for the protection of a petitioner, as defined by paragraph (b) or (c) 9 of subdivision two of section sixty-three hundred forty of this article, 10 the court shall issue a notice accompanying such order or application 11 for such order to such petitioner which shall notify such petitioner of 12 his or her ability to apply for an extreme risk protection order under 13 this article. 14 § 2. Section 530.12 of the criminal procedure law is amended by adding 15 a new subdivision 16 to read as follows: 16 16. Where an order of protection or a temporary order of protection is 17 applied for, issued, modified, or extended under this section, for the 18 protection of a petitioner, as defined by paragraph (b) or (c) of subdi- 19 vision two of section sixty-three hundred forty of the civil practice 20 law and rules, the court shall issue a notice accompanying such order to 21 such petitioner which shall notify such petitioner of his or her ability 22 to apply for an extreme risk protection order under article 23 sixty-three-A of the civil practice law and rules. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02669-01-1A. 6126 2 1 § 3. Section 530.13 of the criminal procedure law is amended by adding 2 a new subdivision 10 to read as follows: 3 10. Where an order of protection or a temporary order of protection is 4 applied for, issued, modified, or extended under this section, for the 5 protection of a petitioner, as defined by paragraph (b) or (c) of subdi- 6 vision two of section sixty-three hundred forty of the civil practice 7 law and rules, the court shall issue a notice accompanying such order to 8 such petitioner which shall notify such petitioner of his or her ability 9 to apply for an extreme risk protection order under article 10 sixty-three-A of the civil practice law and rules. 11 § 4. This act shall take effect on the thirtieth day after it shall 12 have become a law.