Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to codes |
Apr 12, 2023 |
referred to codes |
Assembly Bill A6522
2023-2024 Legislative Session
Sponsored By
GIGLIO JA
Archive: Last 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
Actions
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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