Bill Text: NY A06428 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows a police officer or district attorney certain discretion with respect to the obligation to file an application for extreme risk protection order.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Introduced) 2024-01-03 - referred to codes [A06428 Detail]
Download: New_York-2023-A06428-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6428 2023-2024 Regular Sessions IN ASSEMBLY April 6, 2023 ___________ Introduced by M. of A. BEEPHAN -- read once and referred to the Commit- tee on Codes AN ACT to amend the civil practice law and rules, in relation to the obligation to file an application for 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. Section 6341 of the civil practice law and rules, as 2 amended by chapter 208 of the laws of 2022, is amended to read as 3 follows: 4 § 6341. Application for an extreme risk protection order. In accord- 5 ance with this article, a petitioner may file an application, which 6 shall be sworn, and accompanying supporting documentation, setting forth 7 the facts and circumstances justifying the issuance of an extreme risk 8 protection order. Provided, however, that a petitioner who is a police 9 officer or district attorney [shall] may file such application upon the 10 receipt of credible information that an individual is likely to engage 11 in conduct that would result in serious harm to himself, herself or 12 others, as defined in paragraph one or two of subdivision (a) of section 13 9.39 of the mental hygiene law, unless such petitioner determines that 14 there is no probable cause for such filing. Such application and 15 supporting documentation shall be filed in the supreme court in the 16 county in which the respondent resides. The chief administrator of the 17 courts shall adopt forms that may be used for purposes of such applica- 18 tions and the court's consideration of such applications. Such applica- 19 tion form shall include inquiry as to whether the petitioner knows, or 20 has reason to believe, that the respondent owns, possesses or has access 21 to a firearm, rifle or shotgun and if so, a request that the petitioner 22 list or describe such firearms, rifles and shotguns, and the respective 23 locations thereof, with as much specificity as possible. 24 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10607-01-3
