A06428 Summary:
BILL NO | A06428 |
  | |
SAME AS | No Same As |
  | |
SPONSOR | Beephan |
  | |
COSPNSR | Novakhov, Bendett, Brabenec, McDonough, Manktelow, DeStefano, Lemondes, Hawley, Brown K, Flood, Giglio JM, McGowan, Angelino |
  | |
MLTSPNSR | |
  | |
Amd §6341, CPLR | |
  | |
Allows a police officer or district attorney certain discretion with respect to the obligation to file an application for extreme risk protection order. |
A06428 Actions:
BILL NO | A06428 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2023 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
05/23/2023 | held for consideration in codes |
A06428 Memo:
Go to topNEW 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.
A06428 Text:
Go to top 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