Authorizes a supreme court judge hearing a petition for an "extreme risk protection order" to also hear a petition for a regular order of protection pursuant to the criminal procedure law, the domestic relations law and/or the family court act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2879
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
issuance of additional orders of protection
PURPOSE OR GENERAL IDEA OF BILL:
To authorize judges reviewing petitions for extreme risk prevention
orders to issue additional orders of protection if needed.
SUMMARY OF PROVISIONS:
Section 1: Adds new § 6349 to the Civil Practice Law and Rules ("CPLR")
to authorize judges reviewing a request for an extreme risk prevention
order to consider additional petitions for orders of protection in the
same proceeding.
Section 2: Establishes the effective date.
JUSTIFICATION:
The adoption of Article 63-A "Red Flag Law" of the CPLR was important
step in combating gun violence in New York State. Allowing persons to
seek an "extreme risk protection order" to remove firearms from the
possession of someone who is an imminent risk to themselves and others
will save lives. However, this statute does authorize the Supreme Court
judge hearing the petition to issue a regular order of protection in the
same proceeding. If an order of protection is needed, a separate
proceeding must be initiated in Family or Criminal Court. Allowing the
judge reviewing a Red Flag petition to also issue additional orders of
protection will help ensure that persons under potential threat are
protected without delay.
PRIOR LEGISLATIVE HISTORY:.
New Bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2879
2023-2024 Regular Sessions
IN ASSEMBLY
January 31, 2023
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to the
issuance of additional orders of protection
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 a new
2 section 6349 to read as follows:
3 § 6349. Issuing additional orders of protection. When reviewing an
4 extreme risk protection order or temporary extreme risk protection order
5 petition under this article, the court may also consider any applica-
6 tions for an order of protection brought by the petitioner in the same
7 proceeding under the criminal procedure law, the domestic relations law
8 and/or the family court act. If the court finds such an order
9 warranted, it may issue an order of protection pursuant to the criminal
10 procedure law, the domestic relations law or the family court act.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02493-01-3
