Bill Text: NY A07717 | 2023-2024 | General Assembly | Amended
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
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. LBD11684-05-4A. 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.