Relates to extreme risk protection orders for law enforcement officers; requires certain law enforcement officers to receive legal representation for matters relating to an extreme risk protection order; authorizes law enforcement officers or district attorneys to use discretion in determining when to apply for an extreme risk protection order in certain situations.
S T A T E O F N E W Y O R K
________________________________________________________________________
5711
2025-2026 Regular Sessions
I N A S S E M B L Y
February 20, 2025
___________
Introduced by M. of A. GIGLIO -- 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 for law enforcement officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding two
new sections 6349 and 6350 to read as follows:
§ 6349. LEGAL REPRESENTATION FOR STATE LAW ENFORCEMENT OFFICERS APPLY-
ING FOR AN EXTREME RISK PROTECTION ORDER. IN ACCORDANCE WITH THIS ARTI-
CLE, ANY SWORN MEMBER OF THE NEW YORK STATE POLICE OR ANY STATE LAW
ENFORCEMENT ENTITY WHICH FILES A SWORN APPLICATION FOR AN EXTREME RISK
PROTECTION ORDER JUSTIFYING THE ISSUANCE OF A TEMPORARY EXTREME RISK
PROTECTION ORDER WHEN THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT
IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO
THEMSELF OR OTHERS, AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION
(A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW, SHALL BE AFFORDED LEGAL
REPRESENTATION BY THE OFFICE OF THE ATTORNEY GENERAL, INCLUDING AT ALL
COURT APPEARANCES THROUGHOUT ALL STAGES OF SUCH PROCESS OR PROCESSES.
§ 6350. DISCRETION FOR LAW ENFORCEMENT OFFICERS APPLYING FOR AN
EXTREME RISK PROTECTION ORDER. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS ARTICLE, POLICE OFFICERS AND DISTRICT ATTORNEYS SHALL NOT BE
REQUIRED TO FILE AN APPLICATION FOR AN EXTREME RISK PROTECTION ORDER
WHEN:
(A) THERE IS NO NEXUS TO A FIREARM FOR THE RESPONDENT; OR
(B) THERE IS ALREADY AN EXISTING ORDER, CHARGE, OR CONDITION INCLUD-
ING, BUT NOT LIMITED TO, THOSE RELATING TO CRIMINAL CHARGES AND
CONVICTIONS OR THOSE RELATING TO A DISQUALIFYING MENTAL HEALTH CONDITION
WHICH BARS THE RESPONDENT FROM OWNING, POSSESSING, OR PURCHASING A
FIREARM OR ATTEMPTING TO OWN, POSSESS, OR PURCHASE A FIREARM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04415-01-5
A. 5711 2
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