Assembly Bill A10487

2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2019-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
Versions Introduced in Other Legislative Sessions:
2021-2022: A6126
2023-2024: A7202

2019-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.

2019-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

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