Bill Text: NY A05873 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires extreme risk protection orders to be reported to the statewide computerized registry of orders of protection and certain warrants of arrest.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2024-05-22 - substituted by s3340 [A05873 Detail]

Download: New_York-2023-A05873-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5873

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the civil practice law and rules and the executive law,
          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. Paragraph (a) of subdivision 7 of section 6342 of the civil
     2  practice  law  and rules, as added by chapter 19 of the laws of 2019, is
     3  amended to read as follows:
     4    (a) The court shall notify the division of state police, any other law
     5  enforcement agency with jurisdiction, all applicable licensing officers,
     6  the statewide computerized registry of orders of protection and warrants
     7  of arrest referred to in section two hundred twenty-one-a of the  execu-
     8  tive  law, and the division of criminal justice services of the issuance
     9  of a temporary extreme risk protection order and provide a copy of  such
    10  order  no  later  than  the next business day after issuing the order to
    11  such persons or agencies or registry.  The  court  also  shall  promptly
    12  notify  such persons and agencies and registry and provide a copy of any
    13  order amending or  revoking  such  protection  order  or  restoring  the
    14  respondent's  ability  to own or possess firearms, rifles or shotguns no
    15  later than the next business day after issuing the order to restore such
    16  right to the respondent. The court also shall  report  such  demographic
    17  data  as  required by the state division of criminal justice services at
    18  the time such order is transmitted thereto. Any notice or report submit-
    19  ted pursuant to this subdivision shall be in an electronic format, in  a
    20  manner prescribed by the division of criminal justice services.
    21    § 2. Paragraph (a) of subdivision 4 of section 6343 of the civil prac-
    22  tice  law  and  rules,  as  added  by chapter 19 of the laws of 2019, is
    23  amended to read as follows:
    24    (a) The court shall notify the division of state police, any other law
    25  enforcement agency with jurisdiction, all applicable licensing officers,
    26  the statewide computerized registry of orders of protection and warrants
    27  of arrest referred to in section two hundred twenty-one-a of the  execu-
    28  tive  law, and the division of criminal justice services of the issuance

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07041-01-3
        A. 5873                             2

     1  of a final extreme risk protection order and  provide  a  copy  of  such
     2  order  to  such persons and agencies and registry no later than the next
     3  business day after issuing the order.  The  court  also  shall  promptly
     4  notify  such persons and agencies and registry and provide a copy of any
     5  order amending or  revoking  such  protection  order  or  restoring  the
     6  respondent's  ability  to own or possess firearms, rifles or shotguns no
     7  later than the next business day after issuing the order to restore such
     8  right to the respondent. The court also shall  report  such  demographic
     9  data  as  required by the state division of criminal justice services at
    10  the time such order is transmitted thereto. Any notice or report submit-
    11  ted pursuant to this subdivision shall be in an electronic format, in  a
    12  manner prescribed by the division of criminal justice services.
    13    §  3.  Subdivision 1 of section 221-a of the executive law, as amended
    14  by chapter 492 of the laws of 2015, is amended to read as follows:
    15    1. The superintendent, in consultation with the division  of  criminal
    16  justice services, office of court administration, and the office for the
    17  prevention  of domestic violence, shall develop a comprehensive plan for
    18  the establishment and maintenance of a statewide  computerized  registry
    19  of all orders of protection issued pursuant to articles four, five, six,
    20  eight  and  ten  of the family court act, section 530.12 of the criminal
    21  procedure law and, insofar as they involve victims of domestic  violence
    22  as  defined  by section four hundred fifty-nine-a of the social services
    23  law, section 530.13 of the  criminal  procedure  law  and  sections  two
    24  hundred  forty  and two hundred fifty-two of the domestic relations law,
    25  extreme risk protection orders issued pursuant to article  sixty-three-A
    26  of  the civil practice law and rules, and orders of protection issued by
    27  courts of competent jurisdiction in another state, territorial or tribal
    28  jurisdiction, special orders of conditions issued pursuant  to  subpara-
    29  graph  (i) or (ii) of paragraph (o) of subdivision one of section 330.20
    30  of the criminal procedure law  insofar  as  they  involve  a  victim  or
    31  victims  of  domestic  violence as defined by subdivision one of section
    32  four hundred fifty-nine-a of the social services  law  or  a  designated
    33  witness  or witnesses to such domestic violence, and all warrants issued
    34  pursuant to sections one hundred fifty-three and eight  hundred  twenty-
    35  seven  of the family court act, and arrest and bench warrants as defined
    36  in subdivisions twenty-eight, twenty-nine and thirty of section 1.20  of
    37  the  criminal  procedure law, insofar as such warrants pertain to orders
    38  of protection or temporary orders of protection; provided, however, that
    39  warrants issued pursuant to section one hundred fifty-three of the fami-
    40  ly court act pertaining to articles three and  seven  of  such  act  and
    41  section  530.13  of  the criminal procedure law shall not be included in
    42  the registry. The  superintendent  shall  establish  and  maintain  such
    43  registry  for  the  purposes  of ascertaining the existence of orders of
    44  protection, temporary orders of protection, warrants and special  orders
    45  of  conditions,  and  for  enforcing  the provisions of paragraph (b) of
    46  subdivision four of section 140.10 of the criminal procedure law.
    47    § 4. All extreme risk protection orders issued prior to the  effective
    48  date  of  this  act  shall  be  included in the computerized registry of
    49  orders of protection and warrants of arrest referred to in  clause  (ii)
    50  of subparagraph (3) of paragraph (a-1) of subdivision one of section 240
    51  of  the  domestic relations law and in subdivision (e) of section 651 of
    52  the family court act, on the effective date of this act.
    53    § 5. This act shall take effect on the one hundred twentieth day after
    54  it shall have become a law.