Relates to extreme risk protection orders for law enforcement officers; requires certain law enforcement officers to receive legal representation for matters relating to an extreme risk protection order; authorizes law enforcement officers or district attorneys to use discretion in determining when to apply for an extreme risk protection order in certain situations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6522
SPONSOR: Giglio JA TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to extreme
risk protection orders for law enforcement officers
PURPOSE:
To provide state law enforcement officers with legal representation
during court hearings regarding extreme risk protection order, and to
exclude redundant application for such orders.
SUMMARY:
Section 1: The civil practice law and rules is amended to add new
sections 6349 and 6350.
Section 6349 states that any sworn member of the New York state police
or any state law enforcement entity which files a sworn application for
an extreme risk protection order shall be afforded legal representation
by the office of the attorney general, including at all court appear-
ances throughout all stages of such process or processes.
Section 6350 states that any Police officer or district attorney will
not be required to file for an application for an extreme risk
protection order when (a) there is no nexus for a firearm for the
respondent or (b) There is existing order charge or condition which bars
the respondent from owning, possessing, or purchasing a firearm. Under
such circumstances discretion to file for an extreme risk protection
order will be given to the relevant law enforcement entity.
Section 2: Provides that this act shall take effect immediately.
JUSTIFICATION:
When a state law enforcement entity files for an extreme risk protection
order (ERPO), they are required to attend hearings and often must do so
without legal representation. As a result, law enforcement officers are
required to face defense attorneys without the appropriate legal train-
ing. In such circumstances, rulings are often made in favor of the
respondent and their professional defense team, and the respondent may
retain access to firearms despite posing a credible threat to themselves
or others. This legislation will help to ensure dangerous individuals
are unable to evade proper safeguards by guaranteeing that the Office of
the Attorney General provides legal representation to all state law
enforcement officers appearing in such hearings.
Additionally, Law enforcement departments and district attorneys'
offices are overwhelmed due to increased caseloads and dwindling manpow-
er. Some departments estimate that up to 25% of their extreme risk
protection order applications are redundant due to existing orders,
charges, or convictions barring the respondent from purchasing or
possessing firearms. However, due to oversights in hastily-written gun
control legislation, these applications are required to be filed regard-
less of such conditions. This legislation would grant appropriate
discretion to the relevant law enforcement department or district attor-
ney in such cases, allowing them to determine whether to file an appli-
cation in circumstances where the respondent has no access to a firearm
or are already prohibited from purchasing or possessing one. These
changes would improve the ERPO process by ensuring police are properly
equipped to succeed in hearings against dangerous individuals, and more
efficiently handle the overwhelming caseloads that departments and
district attorney's face.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minor fiscal implications to the state, likely to be offset by reduction
in court operation'costs. and department overtime hours.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6522
2023-2024 Regular Sessions
IN ASSEMBLY
April 12, 2023
___________
Introduced by M. of A. J. A. GIGLIO -- read once and referred to the
Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to extreme
risk protection orders for law enforcement officers
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 two
2 new sections 6349 and 6350 to read as follows:
3 § 6349. Legal representation for state law enforcement officers apply-
4 ing for an extreme risk protection order. In accordance with this arti-
5 cle, any sworn member of the New York state police or any state law
6 enforcement entity which files a sworn application for an extreme risk
7 protection order justifying the issuance of a temporary extreme risk
8 protection order when there is probable cause to believe the respondent
9 is likely to engage in conduct that would result in serious harm to
10 himself, herself, or others, as defined in paragraph one or two of
11 subdivision (a) of section 9.39 of the mental hygiene law, shall be
12 afforded legal representation by the office of the attorney general,
13 including at all court appearances throughout all stages of such process
14 or processes.
15 § 6350. Discretion for law enforcement officers applying for an
16 extreme risk protection order. 1. Notwithstanding any other provision
17 of this article, police officers and district attorneys shall not be
18 required to file an application for an extreme risk protection order
19 when:
20 (a) there is no nexus to a firearm for the respondent; or
21 (b) there is already an existing order, charge, or condition includ-
22 ing, but not limited to, those relating to criminal charges and
23 convictions or those relating to a disqualifying mental health condition
24 which bars the respondent from owning, possessing, or purchasing a
25 firearm or attempting to own, possess, or purchase a firearm.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10747-01-3
A. 6522 2
1 2. When an application is not required pursuant to subdivision one of
2 this section, the decision to apply for an extreme risk protection order
3 shall be made at the discretion of the relevant law enforcement officer
4 or district attorney.
5 § 2. This act shall take effect immediately.
