Do you support this bill?

Assembly Bill A5166

2021-2022 Legislative Session

Relates to falsely filing an extreme risk protection order

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2021-A5166 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §400.12, Pen L; add §6348, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A6796
2023-2024: A3359
2025-2026: A5952

2021-A5166 (ACTIVE) - Summary

Establishes the crime of falsely filing an extreme risk protection order to be punishable as a class E felony.

2021-A5166 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5166
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law and the civil practice law and rules, in
   relation to falsely filing 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 penal law is amended by adding a new section 400.12 to
 read as follows:
 § 400.12 FALSELY FILING AN EXTREME RISK PROTECTION ORDER.
   ANY PERSON THAT USES INFORMATION HE OR SHE KNOWS TO BE FALSE  TO  FILE
 AN  APPLICATION FOR AN EXTREME RISK PROTECTION ORDER PURSUANT TO ARTICLE
 SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES  SHALL  BE  GUILTY  OF
 FALSELY FILING AN EXTREME RISK PROTECTION ORDER.
   FALSELY FILING AN EXTREME RISK PROTECTION ORDER IS A CLASS E FELONY.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 6348 to read as follows:
   § 6348. FALSELY FILING AN EXTREME RISK PROTECTION  ORDER.  ANY  PERSON
 THAT USES INFORMATION HE OR SHE KNOWS TO BE FALSE TO FILE AN APPLICATION
 FOR  AN  EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE SHALL BE
 GUILTY OF FALSELY FILING AN EXTREME RISK PROTECTION  ORDER  PURSUANT  TO
 SECTION 400.12 OF THE PENAL LAW.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08862-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.