A06522 Summary:

BILL NOA06522
 
SAME ASNo Same As
 
SPONSORGiglio JA
 
COSPNSR
 
MLTSPNSR
 
Add §§6349 & 6350, CPLR
 
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.
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A06522 Actions:

BILL NOA06522
 
04/12/2023referred to codes
01/03/2024referred to codes
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A06522 Committee Votes:

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A06522 Floor Votes:

There are no votes for this bill in this legislative session.
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A06522 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6522
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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:

     1    Section  1.  The civil practice law and rules is amended by adding two
     2  new sections 6349 and 6350 to read as follows:
     3    § 6349. Legal representation for state law enforcement officers apply-
     4  ing for an extreme risk protection order.  In accordance with this arti-
     5  cle, any sworn member of the New York state  police  or  any  state  law
     6  enforcement  entity  which files a sworn application for an extreme risk
     7  protection order justifying the issuance of  a  temporary  extreme  risk
     8  protection  order when there is probable cause to believe the respondent
     9  is likely to engage in conduct that would  result  in  serious  harm  to
    10  himself,  herself,  or  others,  as  defined  in paragraph one or two of
    11  subdivision (a) of section 9.39 of the  mental  hygiene  law,  shall  be
    12  afforded  legal  representation  by  the office of the attorney general,
    13  including at all court appearances throughout all stages of such process
    14  or processes.
    15    § 6350. Discretion  for  law  enforcement  officers  applying  for  an
    16  extreme  risk protection order.  1.  Notwithstanding any other provision
    17  of this article, police officers and district  attorneys  shall  not  be
    18  required  to  file  an  application for an extreme risk protection order
    19  when:
    20    (a) there is no nexus to a firearm for the respondent; or
    21    (b) there is already an existing order, charge, or  condition  includ-
    22  ing,  but  not  limited  to,  those  relating  to  criminal  charges and
    23  convictions or those relating to a disqualifying mental health condition
    24  which bars the respondent  from  owning,  possessing,  or  purchasing  a
    25  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

        A. 6522                             2
 
     1    2.  When an application is not required pursuant to subdivision one of
     2  this section, the decision to apply for an extreme risk protection order
     3  shall be made at the discretion of the relevant law enforcement  officer
     4  or district attorney.
     5    § 2. This act shall take effect immediately.
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