S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5873
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 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 and the executive law,
   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. Paragraph (a) of subdivision 7 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:
   (a) The court shall notify the division of state police, any other law
 enforcement agency with jurisdiction, all applicable licensing officers,
 THE STATEWIDE COMPUTERIZED REGISTRY OF ORDERS OF PROTECTION AND WARRANTS
 OF ARREST REFERRED TO IN SECTION TWO HUNDRED TWENTY-ONE-A OF THE  EXECU-
 TIVE  LAW, and the division of criminal justice services of the issuance
 of a temporary extreme risk protection order and provide a copy of  such
 order  no  later  than  the next business day after issuing the order to
 such persons or agencies OR REGISTRY.  The  court  also  shall  promptly
 notify  such persons and agencies AND REGISTRY and provide a copy of any
 order amending or  revoking  such  protection  order  or  restoring  the
 respondent's  ability  to own or possess firearms, rifles or shotguns no
 later than the next business day after issuing the order to restore such
 right to the respondent. The court also shall  report  such  demographic
 data  as  required by the state division of criminal justice services at
 the time such order is transmitted thereto. Any notice or report submit-
 ted pursuant to this subdivision shall be in an electronic format, in  a
 manner prescribed by the division of criminal justice services.
   § 2. Paragraph (a) of subdivision 4 of section 6343 of the civil prac-
 tice  law  and  rules,  as  added  by chapter 19 of the laws of 2019, is
 amended to read as follows:
   (a) The court shall notify the division of state police, any other law
 enforcement agency with jurisdiction, all applicable licensing officers,
 THE STATEWIDE COMPUTERIZED REGISTRY OF ORDERS OF PROTECTION AND WARRANTS
 OF ARREST REFERRED TO IN SECTION TWO HUNDRED TWENTY-ONE-A OF THE  EXECU-
 TIVE  LAW, and the division of criminal justice services of the issuance
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07041-01-3
 A. 5873                             2
 
 of a final extreme risk protection order and  provide  a  copy  of  such
 order  to  such persons and agencies AND REGISTRY no later than the next
 business day after issuing the order.  The  court  also  shall  promptly
 notify  such persons and agencies AND REGISTRY and provide a copy of any
 order amending or  revoking  such  protection  order  or  restoring  the
 respondent's  ability  to own or possess firearms, rifles or shotguns no
 later than the next business day after issuing the order to restore such
 right to the respondent. THE COURT ALSO SHALL  REPORT  SUCH  DEMOGRAPHIC
 DATA  AS  REQUIRED BY THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES AT
 THE TIME SUCH ORDER IS TRANSMITTED THERETO. Any notice or report submit-
 ted pursuant to this subdivision shall be in an electronic format, in  a
 manner prescribed by the division of criminal justice services.
   §  3.  Subdivision 1 of section 221-a of the executive law, as amended
 by chapter 492 of the laws of 2015, is amended to read as follows:
   1. The superintendent, in consultation with the division  of  criminal
 justice services, office of court administration, and the office for the
 prevention  of domestic violence, shall develop a comprehensive plan for
 the establishment and maintenance of a statewide  computerized  registry
 of all orders of protection issued pursuant to articles four, five, six,
 eight  and  ten  of the family court act, section 530.12 of the criminal
 procedure law and, insofar as they involve victims of domestic  violence
 as  defined  by section four hundred fifty-nine-a of the social services
 law, section 530.13 of the  criminal  procedure  law  and  sections  two
 hundred  forty  and two hundred fifty-two of the domestic relations law,
 EXTREME RISK PROTECTION ORDERS ISSUED PURSUANT TO ARTICLE  SIXTY-THREE-A
 OF  THE CIVIL PRACTICE LAW AND RULES, and orders of protection issued by
 courts of competent jurisdiction in another state, territorial or tribal
 jurisdiction, special orders of conditions issued pursuant  to  subpara-
 graph  (i) or (ii) of paragraph (o) of subdivision one of section 330.20
 of the criminal procedure law  insofar  as  they  involve  a  victim  or
 victims  of  domestic  violence as defined by subdivision one of section
 four hundred fifty-nine-a of the social services  law  or  a  designated
 witness  or witnesses to such domestic violence, and all warrants issued
 pursuant to sections one hundred fifty-three and eight  hundred  twenty-
 seven  of the family court act, and arrest and bench warrants as defined
 in subdivisions twenty-eight, twenty-nine and thirty of section 1.20  of
 the  criminal  procedure law, insofar as such warrants pertain to orders
 of protection or temporary orders of protection; provided, however, that
 warrants issued pursuant to section one hundred fifty-three of the fami-
 ly court act pertaining to articles three and  seven  of  such  act  and
 section  530.13  of  the criminal procedure law shall not be included in
 the registry. The  superintendent  shall  establish  and  maintain  such
 registry  for  the  purposes  of ascertaining the existence of orders of
 protection, temporary orders of protection, warrants and special  orders
 of  conditions,  and  for  enforcing  the provisions of paragraph (b) of
 subdivision four of section 140.10 of the criminal procedure law.
   § 4. All extreme risk protection orders issued prior to the  effective
 date  of  this  act  shall  be  included in the computerized registry of
 orders of protection and warrants of arrest referred to in  clause  (ii)
 of subparagraph (3) of paragraph (a-1) of subdivision one of section 240
 of  the  domestic relations law and in subdivision (e) of section 651 of
 the family court act, on the effective date of this act.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.