Assembly Bill A7717B

2023-2024 Legislative Session

Relates to extreme risk protection orders

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Current Bill Status - In Assembly Committee

  • 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

2023-A7717 - Details

See Senate Version of this Bill:
S8589
Current Committee:
Assembly Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§6340 & 6341, CPLR

2023-A7717 - Summary

Relates to who can be a petitioner for an extreme risk protection order.

2023-A7717 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7717
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee 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. Subdivision 2 of section 6340 of the civil practice law and
 rules, as amended by chapter 208 of the laws of 2022, is amended to read
 as follows:
   2.  "Petitioner"  means:  (a) a police [officer, as defined in section
 1.20 of the criminal procedure law] AGENCY, DEPARTMENT  OR  DIVISION  OF
 THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING BUT NOT LIMIT-
 ED  TO AUTHORITIES OR AGENCIES, MAINTAINING POLICE FORCES OF INDIVIDUALS
 DEFINED AS POLICE OFFICERS IN SECTION 1.20  OF  THE  CRIMINAL  PROCEDURE
 LAW,  or district attorney with jurisdiction in the county or city where
 the person against whom the order is sought resides;  (b)  a  family  or
 household  member, as defined in subdivision two of section four hundred
 fifty-nine-a of the social services law, of the person against whom  the
 order is sought; (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  worker,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11684-01-3

2023-A7717A - Details

See Senate Version of this Bill:
S8589
Current Committee:
Assembly Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§6340 & 6341, CPLR

2023-A7717A - Summary

Relates to who can be a petitioner for an extreme risk protection order.

2023-A7717A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7717--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Codes -- recommitted to the Committee on  Codes  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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. Subdivision 2 of section 6340 of the civil practice law and
 rules, as amended by chapter 208 of the laws of 2022, is amended to read
 as follows:
   2.  "Petitioner"  means:  (a) a police [officer, as defined in section
 1.20 of the criminal procedure law] AGENCY AS DEFINED IN  SECTION  EIGHT
 HUNDRED  THIRTY-FIVE  OF  THE  EXECUTIVE  LAW, or district attorney with
 jurisdiction in the county or city where the  person  against  whom  the
 order is sought resides; (b) a family or household member, as defined in
 subdivision  two  of  section  four  hundred  fifty-nine-a of the social
 services law, of the person against whom the  order  is  sought;  (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  worker,  certified  clinical  nurse  specialist, certified nurse
 practitioner, licensed clinical marriage and  family  therapist,  regis-
 tered  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 administra-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11684-02-4

2023-A7717B (ACTIVE) - Details

See Senate Version of this Bill:
S8589
Current Committee:
Assembly Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§6340 & 6341, CPLR

2023-A7717B (ACTIVE) - Summary

Relates to who can be a petitioner for an extreme risk protection order.

2023-A7717B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7717--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Codes -- recommitted to the Committee on  Codes  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 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. Subdivision 2 of section 6340 of the civil practice law and
 rules, as amended by chapter 208 of the laws of 2022, is amended to read
 as follows:
   2.  "Petitioner"  means:  (a)  A LAW ENFORCEMENT AGENCY THAT EMPLOYS a
 police officer, as SUCH TERM IS defined in section 1.20 of the  criminal
 procedure  law,  OR A POLICE OFFICER 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; (c) a school admin-
 istrator as defined in section eleven hundred twenty-five of the  educa-
 tion  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 worker,  certi-
 fied  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11684-05-4

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