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.
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.
