STATE OF NEW YORK
________________________________________________________________________
7717--A
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
1 Section 1. Subdivision 2 of section 6340 of the civil practice law and
2 rules, as amended by chapter 208 of the laws of 2022, is amended to read
3 as follows:
4 2. "Petitioner" means: (a) a police [officer, as defined in section
5 1.20 of the criminal procedure law] agency as defined in section eight
6 hundred thirty-five of the executive law, or district attorney with
7 jurisdiction in the county or city where the person against whom the
8 order is sought resides; (b) a family or household member, as defined in
9 subdivision two of section four hundred fifty-nine-a of the social
10 services law, of the person against whom the order is sought; (c) a
11 school administrator as defined in section eleven hundred twenty-five of
12 the education law, or a school administrator's designee, of any school
13 in which the person against whom the order is sought is currently
14 enrolled or has been enrolled in the six months immediately preceding
15 the filing of the petition; or (d) a licensed physician, licensed
16 psychiatrist, licensed psychologist, registered nurse, licensed clinical
17 social worker, certified clinical nurse specialist, certified nurse
18 practitioner, licensed clinical marriage and family therapist, regis-
19 tered professional nurse, licensed master social worker or licensed
20 mental health counselor who has treated the person against whom the
21 order is sought in the six months immediately preceding the filing of
22 the petition. For purposes of this article, a school administrator's
23 designee shall be employed at the same school as the school administra-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11684-02-4
A. 7717--A 2
1 tor and shall be any of the following who has been designated in writing
2 to file a petition with respect to the person against whom the order is
3 sought: a school teacher, school guidance counselor, school psychol-
4 ogist, school social worker, school nurse, or other school personnel
5 required to hold a teaching or administrative license or certificate,
6 and full or part-time compensated school employee required to hold a
7 temporary coaching license or professional coaching certificate.
8 § 2. This act shall take effect immediately.
