Bill Text: NY A06522 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to extreme risk protection orders for law enforcement officers; requires certain law enforcement officers to receive legal representation for matters relating to an extreme risk protection order; authorizes law enforcement officers or district attorneys to use discretion in determining when to apply for an extreme risk protection order in certain situations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A06522 Detail]
Download: New_York-2023-A06522-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6522 2023-2024 Regular Sessions IN ASSEMBLY April 12, 2023 ___________ Introduced by M. of A. J. A. GIGLIO -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to extreme risk protection orders for law enforcement officers 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 two 2 new sections 6349 and 6350 to read as follows: 3 § 6349. Legal representation for state law enforcement officers apply- 4 ing for an extreme risk protection order. In accordance with this arti- 5 cle, any sworn member of the New York state police or any state law 6 enforcement entity which files a sworn application for an extreme risk 7 protection order justifying the issuance of a temporary extreme risk 8 protection order when there is probable cause to believe the respondent 9 is likely to engage in conduct that would result in serious harm to 10 himself, herself, or others, as defined in paragraph one or two of 11 subdivision (a) of section 9.39 of the mental hygiene law, shall be 12 afforded legal representation by the office of the attorney general, 13 including at all court appearances throughout all stages of such process 14 or processes. 15 § 6350. Discretion for law enforcement officers applying for an 16 extreme risk protection order. 1. Notwithstanding any other provision 17 of this article, police officers and district attorneys shall not be 18 required to file an application for an extreme risk protection order 19 when: 20 (a) there is no nexus to a firearm for the respondent; or 21 (b) there is already an existing order, charge, or condition includ- 22 ing, but not limited to, those relating to criminal charges and 23 convictions or those relating to a disqualifying mental health condition 24 which bars the respondent from owning, possessing, or purchasing a 25 firearm or attempting to own, possess, or purchase a firearm. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10747-01-3A. 6522 2 1 2. When an application is not required pursuant to subdivision one of 2 this section, the decision to apply for an extreme risk protection order 3 shall be made at the discretion of the relevant law enforcement officer 4 or district attorney. 5 § 2. This act shall take effect immediately.