S T A T E O F N E W Y O R K
________________________________________________________________________
10487
I N A S S E M B L Y
May 22, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simotas) --
read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules and the criminal proce-
dure law, in relation to notifying certain individuals of their abili-
ty to apply for an extreme risk protection order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 6348 to read as follows:
§ 6348. NOTICE OF ABILITY TO APPLY FOR AN EXTREME RISK PROTECTION
ORDER. WHERE AN ORDER OF PROTECTION OR A TEMPORARY ORDER OF PROTECTION
IS APPLIED FOR, ISSUED, MODIFIED, OR EXTENDED UNDER ARTICLE FOUR, FIVE,
SIX, SEVEN, EIGHT, OR TEN OF THE FAMILY COURT ACT, OR SECTION TWO
HUNDRED FORTY OR TWO HUNDRED FIFTY-TWO OF THE DOMESTIC RELATIONS LAW,
FOR THE PROTECTION OF A PETITIONER, AS DEFINED BY PARAGRAPH (B) OR (C)
OF SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED FORTY OF THIS ARTICLE,
THE COURT SHALL ISSUE A NOTICE ACCOMPANYING SUCH ORDER OR APPLICATION
FOR SUCH ORDER TO SUCH PETITIONER WHICH SHALL NOTIFY SUCH PETITIONER OF
HIS OR HER ABILITY TO APPLY FOR AN EXTREME RISK PROTECTION ORDER UNDER
THIS ARTICLE.
§ 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 16 to read as follows:
16. WHERE AN ORDER OF PROTECTION OR A TEMPORARY ORDER OF PROTECTION IS
APPLIED FOR, ISSUED, MODIFIED, OR EXTENDED UNDER THIS SECTION, FOR THE
PROTECTION OF A PETITIONER, AS DEFINED BY PARAGRAPH (B) OR (C) OF SUBDI-
VISION TWO OF SECTION SIXTY-THREE HUNDRED FORTY OF THE CIVIL PRACTICE
LAW AND RULES, THE COURT SHALL ISSUE A NOTICE ACCOMPANYING SUCH ORDER TO
SUCH PETITIONER WHICH SHALL NOTIFY SUCH PETITIONER OF HIS OR HER ABILITY
TO APPLY FOR AN EXTREME RISK PROTECTION ORDER UNDER ARTICLE
SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES.
§ 3. Section 530.13 of the criminal procedure law is amended by adding
a new subdivision 10 to read as follows:
10. WHERE AN ORDER OF PROTECTION OR A TEMPORARY ORDER OF PROTECTION IS
APPLIED FOR, ISSUED, MODIFIED, OR EXTENDED UNDER THIS SECTION, FOR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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