S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7021
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to extreme
   risk protection orders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6340 of the civil practice law and rules is amended
 by adding a new subdivision 5 to read as follows:
   5. "EXCEPTION" MEANS A RESPONDENT WHO: (A) HAS PREVIOUSLY BEEN  DEEMED
 CERTIFIED  NOT SUITABLE TO POSSESS A RIFLE OR SHOTGUN PURSUANT TO SUBDI-
 VISION SIXTEEN OF SECTION 265.00 OF THE PENAL LAW;  (B)  HAS  PREVIOUSLY
 BEEN CONVICTED OF A FELONY, OR SERIOUS OFFENSE AS DEFINED BY SUBDIVISION
 SEVENTEEN  OF SECTION 265.00 OF THE PENAL LAW; (C) HAS A CURRENT SUSPEN-
 SION OR INELIGIBILITY ORDER  ISSUED  PURSUANT  TO  THE  PROVISIONS    OF
 SECTION    530.14   OF THE CRIMINAL   PROCEDURE   LAW  OR SECTION  EIGHT
 HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, WITH AN EXPIRATION DATE  NO
 LESS  THAN  ONE YEAR FROM THE DATE OF THE FILING OF THE PETITION; OR (D)
 IS A PERSON UNDER THE AGE OF SIXTEEN; AND THE PETITION  WOULD  BE  BASED
 ONLY  UPON SUCH PERSON'S LIKELIHOOD TO ENGAGE IN CONDUCT POSING A THREAT
 OF HARM TO HIMSELF OR HERSELF; AND THE PERSON DID NOT  THREATEN  OR  USE
 PHYSICAL FORCE DIRECTED AT THE PETITIONER OR ANOTHER PERSON OR A SCHOOL;
 AND  THE  PERSON  DID NOT USE OR THREATEN THE USE OF A FIREARM, RIFLE OR
 SHOTGUN; AND THERE IS NO EVIDENCE OF A FIREARM, RIFLE, SHOTGUN OR  AMMU-
 NITION POSSESSED BY ANYONE IN THE PERSON'S HOUSEHOLD.
   §  2.  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  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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10980-01-3
 A. 7021                             2
 
 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, OR UNLESS AN EXCEPTION LIST-
 ED IN PARAGRAPH FIVE OF SECTION SIX THOUSAND THREE HUNDRED FORTY OF THIS
 ARTICLE  EXISTS,  IN  WHICH CASE A PETITIONER WHO IS A POLICE OFFICER OR
 DISTRICT ATTORNEY HAS THE DISCRETION WHETHER OR NOT TO FILE SUCH  APPLI-
 CATION.  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  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.
   §  3.  Subdivision  1  of  section  6342 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   1. Upon application of a petitioner  pursuant  to  this  article,  the
 court  may  issue a temporary extreme risk protection order, ex parte or
 otherwise, to prohibit the respondent  from  purchasing,  possessing  or
 attempting  to  purchase  or possess a firearm, rifle or shotgun, upon a
 finding that 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 paragraph one or two of subdivision (a)
 of  section  9.39  of  the  mental hygiene law]: (A) SUBSTANTIAL RISK OF
 PHYSICAL HARM TO HIMSELF OR HERSELF  AS  MANIFESTED  BY  THREATS  OF  OR
 ATTEMPTS  AT SUICIDE OR SERIOUS BODILY HARM OR OTHER CONDUCT DEMONSTRAT-
 ING THAT HE OR SHE IS DANGEROUS TO HIMSELF OR HERSELF, OR (B) A SUBSTAN-
 TIAL RISK OF PHYSICAL HARM TO OTHER PERSONS AS MANIFESTED  BY  HOMICIDAL
 OR  OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE PLACED IN REASONABLE FEAR
 OF SERIOUS PHYSICAL HARM. Such application for a temporary  order  shall
 be determined in writing on the same day the application is filed.
   §  4.  Subdivision  2  of  section  6343 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2. At the hearing pursuant to subdivision one  of  this  section,  the
 petitioner  shall  have  the  burden of proving, by clear and convincing
 evidence, that the respondent 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]:  (A)  SUBSTANTIAL  RISK  OF  PHYSICAL  HARM TO HIMSELF OR
 HERSELF AS MANIFESTED BY THREATS OF OR ATTEMPTS AT  SUICIDE  OR  SERIOUS
 BODILY  HARM  OR OTHER CONDUCT DEMONSTRATING THAT HE OR SHE IS DANGEROUS
 TO HIMSELF OR HERSELF, OR (B) A SUBSTANTIAL RISK  OF  PHYSICAL  HARM  TO
 OTHER  PERSONS  AS  MANIFESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY
 WHICH OTHERS ARE PLACED IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM. The
 court may consider the petition and any evidence submitted by the  peti-
 tioner,   any  evidence  submitted  by  the  respondent,  any  testimony
 presented, and the report of the relevant law enforcement agency submit-
 ted pursuant to subdivision nine of section sixty-three  hundred  forty-
 two of this article. The court shall also consider the factors set forth
 in  subdivision  two  of  section  sixty-three hundred forty-two of this
 article.
   § 5. This act shall take effect immediately.