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Assembly Bill A3359

2023-2024 Legislative Session

Relates to falsely filing an extreme risk protection order

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Archive: Last Bill Status - In Assembly Committee

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2023-A3359 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §400.12, Pen L; add §6349, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A6796
2021-2022: A5166
2025-2026: A5952

2023-A3359 (ACTIVE) - Summary

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

2023-A3359 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3359
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 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 6349 to read as follows:
   § 6349. 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.
                                                            LBD02029-01-3

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