Senate Bill S9430A

2021-2022 Legislative Session

Relates to an application for an extreme risk protection order

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Archive: Last Bill Status - In Senate Committee Codes 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

2021-S9430 - Details

See Assembly Version of this Bill:
A10560
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §6341, CPLR

2021-S9430 - Summary

Provides that a police officer shall 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.

2021-S9430 - Sponsor Memo

2021-S9430 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9430
 
                             I N  S E N A T E
 
                               May 26, 2022
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to  appli-
   cation for 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. Section 6341 of the civil practice law and rules, as  added
 by chapter 19 of the laws of 2019, 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, A POLICE  OFFICER,  AS  DEFINED  IN
 SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, SHALL FILE AN APPLICATION
 FOR AN EXTREME RISK ORDER OF PROTECTION WHEN 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  PARAGRAPHS
 ONE  AND  TWO  OF  SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE
 LAW.  SUCH APPLICATION SHALL BE SWORN, AND SUBMITTED  WITH  ACCOMPANYING
 SUPPORTING  DOCUMENTATION  SETTING  FORTH  THE  FACTS  AND CIRCUMSTANCES
 JUSTIFYING THE ISSUES OF AN EXTREME RISK PROTECTION ORDER. Such applica-
 tion 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 consideration 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15929-02-2

2021-S9430A (ACTIVE) - Details

See Assembly Version of this Bill:
A10560
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §6341, CPLR

2021-S9430A (ACTIVE) - Summary

Provides that a police officer shall 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.

2021-S9430A (ACTIVE) - Sponsor Memo

2021-S9430A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9430--A
 
                             I N  S E N A T E
 
                               May 26, 2022
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  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 appli-
   cation for 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. Section 6341 of the civil practice law and rules, as added
 by chapter 19 of the laws of 2019, 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, A POLICE OFFICER, AS DEFINED IN
 SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, SHALL  FILE  AN  APPLICATION
 FOR  AN EXTREME RISK ORDER OF PROTECTION WHEN 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 PARAGRAPHS
 ONE AND TWO OF SUBDIVISION (A) OF SECTION 9.39  OF  THE  MENTAL  HYGIENE
 LAW.    SUCH APPLICATION SHALL BE SWORN, AND SUBMITTED WITH ACCOMPANYING
 SUPPORTING DOCUMENTATION  SETTING  FORTH  THE  FACTS  AND  CIRCUMSTANCES
 JUSTIFYING THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER. Such appli-
 cation  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 consideration 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15929-03-2

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