Allows a police officer or district attorney certain discretion with respect to the obligation to file an application for extreme risk protection order.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6428
SPONSOR: Beephan TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
obligation to file an application for extreme risk protection order
PURPOSE OR GENERAL IDEA OF BILL:
To amend Section 6341 of the civil practice law and rules, as 2 amended
by chapter 208 of the laws of 2022. In relation to the obligation of a
police officer or district attorney to file an application for extreme
risk protection order.
SUMMARY OF PROVISIONS:
Section 1 amends section 6341 of civil practice law and rules, as
amended by chapter 208 of the laws of 2022 in relation to the obligation
of a police officer or district attorney to file an application for
extreme risk protection order. This changes the wording from
shall to
may file. In accordance with this article, a petitioner may file an
application, which shall be sworn, and accompanying supporting documen-
tation, setting forth the facts and circumstances justifying the issu-
ance of an extreme risk protection order. The petitioner may file an
application under the credible information the individual would do harm
to themselves or others. It shall also include if the respondent owns a
firearm, or weapon.
Section 2 provides the effective date.
JUSTIFICATION:
This bill would give discretion back to police officers and district
attorneys, by changing the wording of the law from shall to may when it
relates to filing extreme risk protection orders. Reducing undue stress
to smaller police departments and allowing them to prioritize time and
resources.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6428
2023-2024 Regular Sessions
IN ASSEMBLY
April 6, 2023
___________
Introduced by M. of A. BEEPHAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil practice law and rules, in relation to the
obligation to file an application for 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. Section 6341 of the civil practice law and rules, as
2 amended by chapter 208 of the laws of 2022, is amended to read as
3 follows:
4 § 6341. Application for an extreme risk protection order. In accord-
5 ance with this article, a petitioner may file an application, which
6 shall be sworn, and accompanying supporting documentation, setting forth
7 the facts and circumstances justifying the issuance of an extreme risk
8 protection order. Provided, however, that a petitioner who is a police
9 officer or district attorney [shall] may file such application upon the
10 receipt of credible information that an individual is likely to engage
11 in conduct that would result in serious harm to himself, herself or
12 others, as defined in paragraph one or two of subdivision (a) of section
13 9.39 of the mental hygiene law, unless such petitioner determines that
14 there is no probable cause for such filing. Such application and
15 supporting documentation shall be filed in the supreme court in the
16 county in which the respondent resides. The chief administrator of the
17 courts shall adopt forms that may be used for purposes of such applica-
18 tions and the court's consideration of such applications. Such applica-
19 tion form shall include inquiry as to whether the petitioner knows, or
20 has reason to believe, that the respondent owns, possesses or has access
21 to a firearm, rifle or shotgun and if so, a request that the petitioner
22 list or describe such firearms, rifles and shotguns, and the respective
23 locations thereof, with as much specificity as possible.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10607-01-3
