Assembly Bill A5873

2023-2024 Legislative Session

Relates to the reporting of extreme risk protection orders

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A5873 (ACTIVE) - Details

See Senate Version of this Bill:
S3340
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§6342 & 6343, CPLR; amd §221-a, Exec L

2023-A5873 (ACTIVE) - Summary

Requires extreme risk protection orders to be reported to the statewide computerized registry of orders of protection and certain warrants of arrest.

2023-A5873 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5873
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the civil practice law and rules and the executive law,
   in relation to extreme risk protection orders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 7 of section 6342 of the civil
 practice  law  and rules, as added by chapter 19 of the laws of 2019, is
 amended to read as follows:
   (a) The court shall notify the division of state police, any other law
 enforcement agency with jurisdiction, all applicable licensing officers,
 THE STATEWIDE COMPUTERIZED REGISTRY OF ORDERS OF PROTECTION AND WARRANTS
 OF ARREST REFERRED TO IN SECTION TWO HUNDRED TWENTY-ONE-A OF THE  EXECU-
 TIVE  LAW, and the division of criminal justice services of the issuance
 of a temporary extreme risk protection order and provide a copy of  such
 order  no  later  than  the next business day after issuing the order to
 such persons or agencies OR REGISTRY.  The  court  also  shall  promptly
 notify  such persons and agencies AND REGISTRY and provide a copy of any
 order amending or  revoking  such  protection  order  or  restoring  the
 respondent's  ability  to own or possess firearms, rifles or shotguns no
 later than the next business day after issuing the order to restore such
 right to the respondent. The court also shall  report  such  demographic
 data  as  required by the state division of criminal justice services at
 the time such order is transmitted thereto. Any notice or report submit-
 ted pursuant to this subdivision shall be in an electronic format, in  a
 manner prescribed by the division of criminal justice services.
   § 2. Paragraph (a) of subdivision 4 of section 6343 of the civil prac-
 tice  law  and  rules,  as  added  by chapter 19 of the laws of 2019, is
 amended to read as follows:
   (a) The court shall notify the division of state police, any other law
 enforcement agency with jurisdiction, all applicable licensing officers,
 THE STATEWIDE COMPUTERIZED REGISTRY OF ORDERS OF PROTECTION AND WARRANTS
 OF ARREST REFERRED TO IN SECTION TWO HUNDRED TWENTY-ONE-A OF THE  EXECU-
 TIVE  LAW, and the division of criminal justice services of the issuance
 
              

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