Assembly Bill A3384

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3384
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- 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 THEMSELF; 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 AMMUNITION
 POSSESSED BY ANYONE IN THE PERSON'S HOUSEHOLD.
   § 2. Section 6341 of the civil practice law and rules, as  amended  by
 chapter 425 of the laws of 2024, 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  that  is  a  law
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01149-01-5
              

 A. 3384                             2
 
 enforcement  agency  that employs a police officer, as such term defined
 in section 1.20 of the criminal procedure law, or is a police officer or
 district attorney with jurisdiction in the  county  or  city  where  the
 person against whom the order is sought resides shall file such applica-
 tion  upon  the  receipt  of  credible information that an individual is
 likely to engage in conduct that would result in serious harm  to  them-
 self or others, as defined in paragraph one or two of subdivision (a) of
 section  9.39  of  the mental hygiene law, unless such petitioner deter-
 mines that there is no probable cause for  such  filing,  OR  UNLESS  AN
 EXCEPTION  LISTED  IN  SUBDIVISION  FIVE  OF SECTION SIXTY-THREE HUNDRED
 FORTY OF THIS ARTICLE EXISTS, IN WHICH CASE PETITIONER WHO IS  A  POLICE
 OFFICER  OR  DISTRICT ATTORNEY HAS THE DISCRETION WHETHER OR NOT TO FILE
 SUCH APPLICATION. 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  consider-
 ation  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 THEMSELF AS MANIFESTED BY THREATS  OF  OR  ATTEMPTS  AT
 SUICIDE  OR SERIOUS BODILY HARM OR OTHER CONDUCT DEMONSTRATING THAT SUCH
 RESPONDENT IS DANGEROUS TO THEMSELF, OR (B) A SUBSTANTIAL RISK OF  PHYS-
 ICAL  HARM  TO OTHER PERSONS AS MANIFESTED BY HOMICIDAL OR OTHER VIOLENT
 BEHAVIOR BY WHICH OTHERS ARE PLACED IN REASONABLE FEAR OF SERIOUS  PHYS-
 ICAL 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 THEMSELF AS MANI-
 FESTED  BY  THREATS  OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM OR
 OTHER CONDUCT DEMONSTRATING THAT SUCH RESPONDENT IS DANGEROUS  TO  THEM-
 SELF,  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 petitioner,  any
 evidence  submitted  by the respondent, any testimony presented, and the
 A. 3384                             3
 
 report of the relevant law  enforcement  agency  submitted  pursuant  to
 subdivision  nine of section sixty-three hundred forty-two of this arti-
 cle. 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.