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Assembly Bill A10560

2021-2022 Legislative Session

Relates to an application for an extreme risk protection order

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Archive: Last Bill Status - In Assembly Committee

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2021-A10560 (ACTIVE) - Details

See Senate Version of this Bill:
S9430
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §6341, CPLR

2021-A10560 (ACTIVE) - Summary

Provides that a police officer shall file an application, which shall be sworn, and accompanying supporting documentation, setting forth the facts and circumstances justifying the issuance of an extreme risk protection order.

2021-A10560 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10560
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to  appli-
   cation 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. Section 6341 of the civil practice law and rules, as  added
 by chapter 19 of the laws of 2019, is amended to read as follows:
   §  6341.  Application for an extreme risk protection order. In accord-
 ance with this article, a petitioner  may  file  an  application,  which
 shall be sworn, and accompanying supporting documentation, setting forth
 the  facts  and circumstances justifying the issuance of an extreme risk
 protection order.  PROVIDED HOWEVER, A POLICE  OFFICER,  AS  DEFINED  IN
 SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, SHALL FILE AN APPLICATION
 FOR AN EXTREME RISK ORDER OF PROTECTION WHEN THERE IS PROBABLE CAUSE  TO
 BELIEVE  THE RESPONDENT IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT
 IN SERIOUS HARM TO HIMSELF, HERSELF OR OTHERS, AS DEFINED IN  PARAGRAPHS
 ONE  AND  TWO  OF  SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE
 LAW.  SUCH APPLICATION SHALL BE SWORN, AND SUBMITTED  WITH  ACCOMPANYING
 SUPPORTING  DOCUMENTATION  SETTING  FORTH  THE  FACTS  AND CIRCUMSTANCES
 JUSTIFYING THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER. Such appli-
 cation and supporting documentation shall be filed in the supreme  court
 in  the  county in which the respondent resides. The chief administrator
 of the courts shall adopt forms that may be used for  purposes  of  such
 applications  and  the  court's consideration of such applications. Such
 application form shall include inquiry  as  to  whether  the  petitioner
 knows,  or has reason to believe, that the respondent owns, possesses or
 has access to a firearm, rifle or shotgun and if so, a request that  the
 petitioner  list or describe such firearms, rifles and shotguns, and the
 respective locations thereof, with as much specificity as possible.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15929-04-2

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