STATE OF NEW YORK
        ________________________________________________________________________

                                          9430

                    IN SENATE

                                      May 26, 2022
                                       ___________

        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the civil practice law and rules, in relation to  appli-
          cation for an extreme risk protection order

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 6341 of the civil practice law and rules, as  added
     2  by chapter 19 of the laws of 2019, is amended to read as follows:
     3    §  6341.  Application for an extreme risk protection order. In accord-
     4  ance with this article, a petitioner  may  file  an  application,  which
     5  shall be sworn, and accompanying supporting documentation, setting forth
     6  the  facts  and circumstances justifying the issuance of an extreme risk
     7  protection order.  Provided however, a police  officer,  as  defined  in
     8  section  1.20  of  the criminal procedure law, shall file an application
     9  for an extreme risk order of protection when there is probable cause  to
    10  believe  the respondent is likely to engage in conduct that would result
    11  in serious harm to himself, herself or others, as defined in  paragraphs
    12  one  and  two  of  subdivision (a) of section 9.39 of the mental hygiene
    13  law.  Such application shall be sworn, and submitted  with  accompanying
    14  supporting  documentation  setting  forth  the  facts  and circumstances
    15  justifying the issues of an extreme risk protection order. Such applica-
    16  tion and supporting documentation shall be filed in the supreme court in
    17  the county in which the respondent resides. The chief  administrator  of
    18  the  courts  shall  adopt  forms  that  may be used for purposes of such
    19  applications and the court's consideration of  such  applications.  Such
    20  application  form  shall  include  inquiry  as to whether the petitioner
    21  knows, or has reason to believe, that the respondent owns, possesses  or
    22  has  access to a firearm, rifle or shotgun and if so, a request that the
    23  petitioner list or describe such firearms, rifles and shotguns, and  the
    24  respective locations thereof, with as much specificity as possible.
    25    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15929-02-2