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Assembly Bill A5952

2025-2026 Legislative Session

Relates to falsely filing an extreme risk protection order

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2025-A5952 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §400.12, Pen L; add §6349, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A6796
2021-2022: A5166
2023-2024: A3359

2025-A5952 (ACTIVE) - Summary

Establishes the crime of falsely filing an extreme risk protection order to be punishable as a class E felony.

2025-A5952 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5952
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2025
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law and the civil practice law and rules, in
   relation to falsely filing an extreme risk protection order
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding a new section 400.12 to
 read as follows:
 § 400.12 FALSELY FILING AN EXTREME RISK PROTECTION ORDER.
   ANY PERSON THAT USES INFORMATION THEY KNOW TO  BE  FALSE  TO  FILE  AN
 APPLICATION  FOR  AN  EXTREME  RISK PROTECTION ORDER PURSUANT TO ARTICLE
 SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES  SHALL  BE  GUILTY  OF
 FALSELY FILING AN EXTREME RISK PROTECTION ORDER.
   FALSELY FILING AN EXTREME RISK PROTECTION ORDER IS A CLASS E FELONY.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 6349 to read as follows:
   § 6349. FALSELY FILING AN EXTREME RISK PROTECTION  ORDER.  ANY  PERSON
 THAT  USES  INFORMATION THEY KNOW TO BE FALSE TO FILE AN APPLICATION FOR
 AN EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE SHALL BE GUIL-
 TY OF FALSELY FILING  AN  EXTREME  RISK  PROTECTION  ORDER  PURSUANT  TO
 SECTION 400.12 OF THE PENAL LAW.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03367-01-5

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