Bill Text: NY A07717 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to who can be a petitioner for an extreme risk protection order.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2024-06-04 - RETURNED TO ASSEMBLY [A07717 Detail]

Download: New_York-2023-A07717-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7717--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 6, 2023
                                       ___________

        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee on Codes -- recommitted to the Committee on  Codes  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee

        AN ACT to amend the civil practice law and rules, in relation to extreme
          risk protection orders

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

     1    Section 1. Subdivision 2 of section 6340 of the civil practice law and
     2  rules, as amended by chapter 208 of the laws of 2022, is amended to read
     3  as follows:
     4    2.  "Petitioner"  means:  (a)  a law enforcement agency that employs a
     5  police officer, as such term is defined in section 1.20 of the  criminal
     6  procedure  law,  or a police officer or district attorney with jurisdic-
     7  tion in the county or city where the person against whom  the  order  is
     8  sought resides; (b) a family or household member, as defined in subdivi-
     9  sion  two  of  section  four hundred fifty-nine-a of the social services
    10  law, of the person against whom the order is sought; (c) a school admin-
    11  istrator as defined in section eleven hundred twenty-five of the  educa-
    12  tion  law,  or a school administrator's designee, of any school in which
    13  the person against whom the order is sought is currently enrolled or has
    14  been enrolled in the six months immediately preceding the filing of  the
    15  petition;  or  (d) a licensed physician, licensed psychiatrist, licensed
    16  psychologist, registered nurse, licensed clinical social worker,  certi-
    17  fied  clinical  nurse specialist, certified nurse practitioner, licensed
    18  clinical marriage and family therapist, registered  professional  nurse,
    19  licensed  master  social  worker or licensed mental health counselor who
    20  has treated the person against whom the  order  is  sought  in  the  six
    21  months immediately preceding the filing of the petition. For purposes of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11684-05-4
        A. 7717--B                          2

     1  this article, a school administrator's designee shall be employed at the
     2  same  school as the school administrator and shall be any of the follow-
     3  ing who has been designated in writing to file a petition  with  respect
     4  to the person against whom the order is sought: a school teacher, school
     5  guidance  counselor,  school  psychologist, school social worker, school
     6  nurse, or other school personnel required to hold a teaching or adminis-
     7  trative license or certificate, and full or part-time compensated school
     8  employee required to hold a temporary coaching license  or  professional
     9  coaching certificate.
    10    §  2.  Section 6341 of the civil practice law and rules, as amended by
    11  chapter 208 of the laws of 2022, is amended to read as follows:
    12    § 6341. Application for an extreme risk protection order.  In  accord-
    13  ance  with  this  article,  a  petitioner may file an application, which
    14  shall be sworn, and accompanying supporting documentation, setting forth
    15  the facts and circumstances justifying the issuance of an  extreme  risk
    16  protection  order.  Provided, however, that a petitioner [who] that is a
    17  law enforcement agency that employs  a  police  officer,  as  such  term
    18  defined  in  section  1.20 of the criminal procedure law, or is a police
    19  officer or district attorney with jurisdiction in  the  county  or  city
    20  where  the  person  against  whom the order is sought resides shall file
    21  such application upon the receipt of credible information that an  indi-
    22  vidual  is likely to engage in conduct that would result in serious harm
    23  to [himself, herself] themself or others, as defined in paragraph one or
    24  two of subdivision (a) of section 9.39 of the mental hygiene law, unless
    25  such petitioner determines that there is  no  probable  cause  for  such
    26  filing.  Such application and supporting documentation shall be filed in
    27  the supreme court in the county in which  the  respondent  resides.  The
    28  chief administrator of the courts shall adopt forms that may be used for
    29  purposes  of  such  applications  and  the court's consideration of such
    30  applications. Such application form shall include inquiry as to  whether
    31  the  petitioner  knows,  or  has  reason to believe, that the respondent
    32  owns, possesses or has access to a firearm, rifle or shotgun and if  so,
    33  a request that the petitioner list or describe such firearms, rifles and
    34  shotguns, and the respective locations thereof, with as much specificity
    35  as possible.
    36    § 3. This act shall take effect immediately.