NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3359
SPONSOR: Reilly TITLE OF BILL:
An act to amend the penal law and the civil practice law and rules, in
relation to falsely filing an extreme risk protection order
PURPOSE OR GENERAL IDEA OF BILL:
SUMMARY OF PROVISIONS:
Section 1. Any person that uses information he or she knows to falsely
file an extreme risk protection order shall be guilty of falsely filing
an extreme risk protection order. § 2. This act shall take effect on
the same date and in the same manner as section 1 of chapter 19 of the
laws of 2019, takes effect.
JUSTIFICATION:
This bill was proposed in response to the recent passage of the "Red
Flag" law and would amend the penal code to classify the filing of an
extreme risk protection order with false information as a Class-E felo-
ny.
PRIOR LEGISLATIVE HISTORY:
02/11/21 referred to codes
01/05/22 referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Not determined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 1 of chapter 19 of the laws of 2019, takes effect.
STATE OF NEW YORK
________________________________________________________________________
3359
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the civil practice law and rules, in
relation to falsely filing an extreme risk protection order
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 400.12 to
2 read as follows:
3 § 400.12 Falsely filing an extreme risk protection order.
4 Any person that uses information he or she knows to be false to file
5 an application for an extreme risk protection order pursuant to article
6 sixty-three-A of the civil practice law and rules shall be guilty of
7 falsely filing an extreme risk protection order.
8 Falsely filing an extreme risk protection order is a class E felony.
9 § 2. The civil practice law and rules is amended by adding a new
10 section 6349 to read as follows:
11 § 6349. Falsely filing an extreme risk protection order. Any person
12 that uses information he or she knows to be false to file an application
13 for an extreme risk protection order pursuant to this article shall be
14 guilty of falsely filing an extreme risk protection order pursuant to
15 section 400.12 of the penal law.
16 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02029-01-3
