Assembly Bill A6522

2023-2024 Legislative Session

Relates to extreme risk protection orders for law enforcement officers

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A6522 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §§6349 & 6350, CPLR

2023-A6522 (ACTIVE) - Summary

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.

2023-A6522 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6522
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2023
                                ___________
 
 Introduced  by  M.  of  A. J. 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
 HIMSELF,  HERSELF,  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.
                                                            LBD10747-01-3

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