Senate Bill S9113

Signed By Governor
2021-2022 Legislative Session

Authorizes certain health care providers to file an application for an extreme risk protection order against a person examined by such health care provider in certain circumstances

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2021-S9113 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§6340 & 6341, add §6348, CPLR; add §214-h, amd §840, Exec L; amd §400.00, Pen L; amd §9.46, Ment Hyg L

2021-S9113 - Summary

Authorizes the filing of an application for an extreme risk protection order by a licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registerered professional nurse, licensed master social worker or licensed mental health counselor ho has examined the person against whom the order is sought.

2021-S9113 - Sponsor Memo

2021-S9113 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9113
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to author-
   izing certain healthcare workers to file an application for an extreme
   risk protection order against  a  person  who  was  examined  by  such
   healthcare worker in certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6340 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2. "Petitioner" means: (a) a police officer,  as  defined  in  section
 1.20  of the criminal procedure law, or district attorney with jurisdic-
 tion in the county or city where the person against whom  the  order  is
 sought resides; (b) a family or household member, as defined in subdivi-
 sion  two  of  section  four hundred fifty-nine-a of the social services
 law, of the person against whom the order is sought; [or] (c)  a  school
 administrator  as  defined  in section eleven hundred twenty-five of the
 education law, or a school administrator's designee, of  any  school  in
 which  the person against whom the order is sought is currently enrolled
 or has been enrolled in the six months immediately preceding the  filing
 of  the  petition;  OR  (D) A LICENSED OR REGISTERED PHYSICIAN, LICENSED
 PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER, LICENSED CLINICAL PROFES-
 SIONAL COUNSELOR, CLINICAL NURSE SPECIALIST IN  PSYCHIATRIC  AND  MENTAL
 HEALTH   NURSING,  PSYCHIATRIC  NURSE  PRACTITIONER,  LICENSED  CLINICAL
 MARRIAGE OR FAMILY THERAPIST WHO HAS EXAMINED THE  PERSON  AGAINST  WHOM
 THE ORDER IS SOUGHT.  For purposes of this article, a school administra-
 tor's designee shall be employed at the same school as the school admin-
 istrator  and  shall  be any of the following who has been designated in
 writing to file a petition with respect to the person against  whom  the
 order  is  sought:  a  school teacher, school guidance counselor, school
 psychologist, school  social  worker,  school  nurse,  or  other  school
 personnel  required  to  hold  a  teaching  or administrative license or
 certificate, and full or part-time compensated school employee  required
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S9113A (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§6340 & 6341, add §6348, CPLR; add §214-h, amd §840, Exec L; amd §400.00, Pen L; amd §9.46, Ment Hyg L

2021-S9113A (ACTIVE) - Summary

Authorizes the filing of an application for an extreme risk protection order by a licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registerered professional nurse, licensed master social worker or licensed mental health counselor ho has examined the person against whom the order is sought.

2021-S9113A (ACTIVE) - Sponsor Memo

2021-S9113A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9113--A
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by Sens. SKOUFIS, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the civil practice law and rules, the executive law, the
   penal law and the mental  hygiene  law,  in  relation  to  authorizing
   certain  health  care  providers to file an application for an extreme
   risk protection order against a person who was examined by such health
   care provider in certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6340 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2.  "Petitioner"  means:  (a)  a police officer, as defined in section
 1.20 of the criminal procedure law, or district attorney with  jurisdic-
 tion  in  the  county or city where the person against whom the order is
 sought resides; (b) a family or household member, as defined in subdivi-
 sion two of section four hundred fifty-nine-a  of  the  social  services
 law,  of  the person against whom the order is sought; [or] (c) a school
 administrator as defined in section eleven hundred  twenty-five  of  the
 education  law,  or  a school administrator's designee, of any school in
 which the person against whom the order is sought is currently  enrolled
 or  has been enrolled in the six months immediately preceding the filing
 of the petition; OR (D) A  LICENSED  PHYSICIAN,  LICENSED  PSYCHIATRIST,
 LICENSED  PSYCHOLOGIST, REGISTERED NURSE, LICENSED CLINICAL SOCIAL WORK-
 ER, CERTIFIED CLINICAL NURSE SPECIALIST, CERTIFIED  NURSE  PRACTITIONER,
 LICENSED CLINICAL MARRIAGE AND FAMILY THERAPIST, REGISTERED PROFESSIONAL
 NURSE, LICENSED MASTER SOCIAL WORKER OR LICENSED MENTAL HEALTH COUNSELOR
 WHO  HAS  TREATED THE PERSON AGAINST WHOM THE ORDER IS SOUGHT IN THE SIX
 MONTHS IMMEDIATELY PRECEDING THE FILING OF THE PETITION.   For  purposes
 of  this article, a school administrator's designee shall be employed at
 the same school as the school administrator and  shall  be  any  of  the
 following  who  has  been  designated in writing to file a petition with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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