Senate Bill S8589

2023-2024 Legislative Session

Relates to extreme risk protection orders

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar

  • 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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2023-S8589 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §6340, CPLR

2023-S8589 (ACTIVE) - Summary

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

2023-S8589 (ACTIVE) - Sponsor Memo

2023-S8589 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8589
 
                             I N  S E N A T E
 
                             February 16, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 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
 school  administrator  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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