A07717 Summary:

BILL NOA07717
 
SAME ASSAME AS S08589
 
SPONSORWallace
 
COSPNSR
 
MLTSPNSR
 
Amd 6340, CPLR
 
Relates to who can be a petitioner for an extreme risk protection order.
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A07717 Actions:

BILL NOA07717
 
06/06/2023referred to codes
01/03/2024referred to codes
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A07717 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7717
 
SPONSOR: Wallace
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to extreme risk protection orders   PURPOSE OR GENERAL IDEA OF BILL: To amend the definition of "petitioner" under New York State's Extreme Risk Protection Order (ERPO).   SUMMARY OF PROVISIONS: § 1 - Amends the definition of "petitioner" under New York State's ERPO statute to replace police officer with police agency. § 2 - This act shall take effect immediately.   JUSTIFICATION: In 2019, New York State's Extreme Risk Protection Order (ERPO)legislation went into effect, which provides a legal avenue to temporarily restrict access to firearms for those who pose a serious risk of harm to themselves or others. While police officers, district attorney's and schools can commence an ERPO, the vast majority of or ERPOs are being filed by law enforcement. In 2020, judges issued protection orders against 255 people across New York. This year, in just over four months, the number of individuals subjected to emergency or temporary risk protection orders topped 2,120. And between 2020 and last November, State Police had seized 2,521 firearms under emergency protection orders - a figure that does not include seizures made by more than 150 other New York police agencies. Due to the increasing amount of ERPOs that police officers are required to file with their individual names as the petitioner, it is creating challenges in the officers' personal lives. Police officers have had complications with mortgage applications and other situations which require a search of civil lawsuits in which they are a party. This minor amendment to allow the police agency to be listed as the petitioner in lieu of the police officer's name would alleviate this situation.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A07717 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7717
 
                               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
 
        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, department  or  division  of
     6  the state or any political subdivision thereof, including but not limit-
     7  ed  to authorities or agencies, maintaining police forces of individuals
     8  defined as police officers in section 1.20  of  the  criminal  procedure
     9  law,  or district attorney with jurisdiction in the county or city where
    10  the person against whom the order is sought resides;  (b)  a  family  or
    11  household  member, as defined in subdivision two of section four hundred
    12  fifty-nine-a of the social services law, of the person against whom  the
    13  order is sought; (c) a school administrator as defined in section eleven
    14  hundred  twenty-five  of  the education law, or a school administrator's
    15  designee, of any school in which the person against whom  the  order  is
    16  sought  is  currently  enrolled  or  has been enrolled in the six months
    17  immediately preceding the filing of the  petition;  or  (d)  a  licensed
    18  physician,  licensed  psychiatrist,  licensed  psychologist,  registered
    19  nurse,  licensed  clinical  social  worker,  certified  clinical   nurse
    20  specialist, certified nurse practitioner, licensed clinical marriage and
    21  family  therapist, registered professional nurse, licensed master social
    22  worker or licensed mental health counselor who has  treated  the  person
    23  against whom the order is sought in the six months immediately preceding
    24  the  filing  of  the  petition.  For  purposes of this article, a school
    25  administrator's designee shall be employed at the  same  school  as  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11684-01-3

        A. 7717                             2
 
     1  school  administrator  and  shall  be  any of the following who has been
     2  designated in writing to file a petition  with  respect  to  the  person
     3  against  whom  the  order  is  sought: a school teacher, school guidance
     4  counselor,  school  psychologist, school social worker, school nurse, or
     5  other school personnel required to hold  a  teaching  or  administrative
     6  license or certificate, and full or part-time compensated school employ-
     7  ee  required to hold a temporary coaching license or professional coach-
     8  ing certificate.
     9    § 2. This act shall take effect immediately.
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A07717 LFIN:

 NO LFIN
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