assembly Bill A10487

2019-2020 Legislative Session

Relates to notifying certain individuals of their ability to seek an extreme risk protection order

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2020 referred to judiciary

A10487 (ACTIVE) - Details

See Senate Version of this Bill:
S7929
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §6348, CPLR; amd §§530.12 & 530.13, CP L

A10487 (ACTIVE) - Summary

Relates to notifying certain individuals who apply for or are issued an order of protection or a temporary order of protection, of their ability to apply for an extreme risk protection order.

A10487 (ACTIVE) - Bill Text download pdf


                    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