S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    260
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. MARTINEZ, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 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. Section 6340 of the civil practice law and rules is amended
 by adding a new subdivision 5 to read as follows:
   5. "EXCEPTION" MEANS A RESPONDENT WHO: (A) HAS PREVIOUSLY BEEN  DEEMED
 CERTIFIED  NOT SUITABLE TO POSSESS A RIFLE OR SHOTGUN PURSUANT TO SUBDI-
 VISION SIXTEEN OF SECTION 265.00 OF THE PENAL LAW;  (B)  HAS  PREVIOUSLY
 BEEN CONVICTED OF A FELONY, OR SERIOUS OFFENSE AS DEFINED BY SUBDIVISION
 SEVENTEEN  OF SECTION 265.00 OF THE PENAL LAW; (C) HAS A CURRENT SUSPEN-
 SION OR INELIGIBILITY ORDER  ISSUED  PURSUANT  TO  THE  PROVISIONS    OF
 SECTION    530.14   OF THE CRIMINAL   PROCEDURE   LAW  OR SECTION  EIGHT
 HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, WITH AN EXPIRATION DATE  NO
 LESS  THAN  ONE YEAR FROM THE DATE OF THE FILING OF THE PETITION; OR (D)
 IS A PERSON UNDER THE AGE OF SIXTEEN; AND THE PETITION  WOULD  BE  BASED
 ONLY  UPON SUCH PERSON'S LIKELIHOOD TO ENGAGE IN CONDUCT POSING A THREAT
 OF HARM TO THEMSELF; AND THE PERSON DID NOT  THREATEN  OR  USE  PHYSICAL
 FORCE  DIRECTED AT THE PETITIONER OR ANOTHER PERSON OR A SCHOOL; AND THE
 PERSON DID NOT USE OR THREATEN THE USE OF A FIREARM, RIFLE  OR  SHOTGUN;
 AND  THERE  IS  NO  EVIDENCE  OF A FIREARM, RIFLE, SHOTGUN OR AMMUNITION
 POSSESSED BY ANYONE IN THE PERSON'S HOUSEHOLD.
   § 2. Section 6341 of the civil practice law and rules, as  amended  by
 chapter 425 of the laws of 2024, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01149-01-5
 S. 260                              2
 
 protection order. Provided, however, that a petitioner  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 applica-
 tion upon the receipt of credible  information  that  an  individual  is
 likely  to  engage in conduct that would result in serious harm to them-
 self or others, as defined in paragraph one or two of subdivision (a) of
 section 9.39 of the mental hygiene law, unless  such  petitioner  deter-
 mines  that  there  is  no  probable cause for such filing, OR UNLESS AN
 EXCEPTION LISTED IN SUBDIVISION  FIVE  OF  SECTION  SIXTY-THREE  HUNDRED
 FORTY  OF  THIS ARTICLE EXISTS, IN WHICH CASE PETITIONER WHO IS A POLICE
 OFFICER OR DISTRICT ATTORNEY HAS THE DISCRETION WHETHER OR NOT  TO  FILE
 SUCH APPLICATION. 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 consider-
 ation 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. Subdivision 1 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:
   1.  Upon  application  of  a  petitioner pursuant to this article, the
 court may issue a temporary extreme risk protection order, ex  parte  or
 otherwise,  to  prohibit  the  respondent from purchasing, possessing or
 attempting to purchase or possess a firearm, rifle or  shotgun,  upon  a
 finding that 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]:  (A)  SUBSTANTIAL  RISK  OF
 PHYSICAL  HARM  TO  THEMSELF  AS MANIFESTED BY THREATS OF OR ATTEMPTS AT
 SUICIDE OR SERIOUS BODILY HARM OR OTHER CONDUCT DEMONSTRATING THAT  SUCH
 RESPONDENT  IS DANGEROUS TO THEMSELF, OR (B) A SUBSTANTIAL RISK OF PHYS-
 ICAL HARM TO OTHER PERSONS AS MANIFESTED BY HOMICIDAL OR  OTHER  VIOLENT
 BEHAVIOR  BY WHICH OTHERS ARE PLACED IN REASONABLE FEAR OF SERIOUS PHYS-
 ICAL HARM. Such application for a temporary order shall be determined in
 writing on the same day the application is filed.
   § 4. Subdivision 2 of section 6343  of  the  civil  practice  law  and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2.  At  the  hearing  pursuant to subdivision one of this section, the
 petitioner shall have the burden of proving,  by  clear  and  convincing
 evidence,  that 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]: (A) SUBSTANTIAL RISK OF PHYSICAL HARM TO THEMSELF AS MANI-
 FESTED BY THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS  BODILY  HARM  OR
 OTHER  CONDUCT  DEMONSTRATING THAT SUCH RESPONDENT IS DANGEROUS TO THEM-
 SELF, OR (B) A SUBSTANTIAL RISK OF PHYSICAL HARM  TO  OTHER  PERSONS  AS
 MANIFESTED  BY  HOMICIDAL  OR OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE
 PLACED IN REASONABLE FEAR  OF  SERIOUS  PHYSICAL  HARM.  The  court  may
 consider  the petition and any evidence submitted by the petitioner, any
 S. 260                              3
 
 evidence submitted by the respondent, any testimony presented,  and  the
 report  of  the  relevant  law  enforcement agency submitted pursuant to
 subdivision nine of section sixty-three hundred forty-two of this  arti-
 cle.  The court shall also consider the factors set forth in subdivision
 two of section sixty-three hundred forty-two of this article.
   § 5. This act shall take effect immediately.