S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8589--A
     Cal. No. 947
 
                             I N  S E N A T E
 
                             February 16, 2024
                                ___________
 
 Introduced  by Sens. SCARCELLA-SPANTON, ROLISON, WEBER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading

 AN ACT to amend the civil practice law and rules, 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. Subdivision 2 of section 6340 of the civil practice law and
 rules, as amended by chapter 208 of the laws of 2022, is amended to read
 as follows:
   2. "Petitioner" means: (a) A LAW ENFORCEMENT  AGENCY  THAT  EMPLOYS  a
 police  officer, as SUCH TERM IS defined in section 1.20 of the criminal
 procedure law,  OR A POLICE OFFICER or district attorney with  jurisdic-
 tion  in  the  county or city where the person against whom the order is
 sought resides; (b) a family or household member, as defined in subdivi-
 sion two of section four hundred fifty-nine-a  of  the  social  services
 law, of the person against whom the order is sought; (c) a school admin-
 istrator  as defined in section eleven hundred twenty-five of the educa-
 tion law, or a school administrator's designee, of any school  in  which
 the person against whom the order is sought is currently enrolled or has
 been  enrolled in the six months immediately preceding the filing of the
 petition; or (d) a licensed physician, licensed  psychiatrist,  licensed
 psychologist,  registered nurse, licensed clinical social worker, certi-
 fied clinical nurse specialist, certified nurse  practitioner,  licensed
 clinical  marriage  and family therapist, registered professional nurse,
 licensed master social worker or licensed mental  health  counselor  who
 has  treated  the  person  against  whom  the order is sought in the six
 months immediately preceding the filing of the petition. For purposes of
 this article, a school administrator's designee shall be employed at the
 same school as the school administrator and shall be any of the  follow-
 ing  who  has been designated in writing to file a petition with respect
 to the person against whom the order is sought: a school teacher, school
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11684-06-4
 S. 8589--A                          2
 
 guidance counselor, school psychologist, school  social  worker,  school
 nurse, or other school personnel required to hold a teaching or adminis-
 trative license or certificate, and full or part-time compensated school
 employee  required  to hold a temporary coaching license or professional
 coaching certificate.
   § 2. Section 6341 of the civil practice law and rules, as  amended  by
 chapter 208 of the laws of 2022, 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, that a petitioner [who] THAT  IS  A
 LAW  ENFORCEMENT  AGENCY  THAT  EMPLOYS  A  POLICE OFFICER, AS SUCH TERM
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR  is  a  police
 officer  or  district  attorney  WITH JURISDICTION IN THE COUNTY OR CITY
 WHERE THE PERSON AGAINST WHOM THE ORDER IS  SOUGHT  RESIDES  shall  file
 such  application upon the receipt of credible information that an indi-
 vidual is likely to engage in conduct that would result in serious  harm
 to [himself, herself] THEMSELF or others, as defined in paragraph one or
 two of subdivision (a) of section 9.39 of the mental hygiene law, unless
 such  petitioner  determines  that  there  is no probable cause for such
 filing. Such application 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.
   § 3. This act shall take effect immediately.