Bill Text: NY S08589 | 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 (Republican 3-1)

Status: (Introduced) 2024-06-04 - SUBSTITUTED BY A7717B [S08589 Detail]

Download: New_York-2023-S08589-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8589--A
            Cal. No. 947

                    IN SENATE

                                    February 16, 2024
                                       ___________

        Introduced  by Sens. SCARCELLA-SPANTON, ROLISON, WEBER -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Judiciary  -- reported favorably from said committee, ordered to first
          and second report, ordered to a third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading

        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
    22  this article, a school administrator's designee shall be employed at the
    23  same school as the school administrator and shall be any of the  follow-
    24  ing  who  has been designated in writing to file a petition with respect
    25  to the person against whom the order is sought: a school teacher, school

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11684-06-4
        S. 8589--A                          2

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