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Assembly Bill A6428

2023-2024 Legislative Session

Relates to the obligation of a police officer or district attorney to file an application for extreme risk protection order

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Archive: Last Bill Status - In Assembly Committee

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2023-A6428 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §6341, CPLR

2023-A6428 (ACTIVE) - Summary

Allows a police officer or district attorney certain discretion with respect to the obligation to file an application for extreme risk protection order.

2023-A6428 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6428
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   obligation to file an application for 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
 amended  by  chapter  208  of  the  laws  of 2022, 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, that a petitioner who is a police
 officer or district attorney [shall] MAY file such application upon  the
 receipt  of  credible information that an individual is likely to engage
 in conduct that would result in serious  harm  to  himself,  herself  or
 others, as defined in paragraph one or two of subdivision (a) of section
 9.39  of  the mental hygiene law, unless such petitioner determines that
 there is no  probable  cause  for  such  filing.  Such  application  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 applica-
 tions and the court's consideration of such applications. Such  applica-
 tion  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.
                                                            LBD10607-01-3

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