Bill Text: NY S07929 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to notifying certain individuals who apply for or are issued an order of protection or a temporary order of protection, of their ability to apply for an extreme risk protection order.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to judiciary [S07929 Detail]

Download: New_York-2019-S07929-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7929

                    IN SENATE

                                      March 3, 2020
                                       ___________

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

        AN ACT to amend the civil practice law and rules and the criminal proce-
          dure law, in relation to notifying certain individuals of their abili-
          ty to apply 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. The civil practice law and rules is amended by adding a new
     2  section 6348 to read as follows:
     3    §  6348.  Notice  of  ability  to apply for an extreme risk protection
     4  order. Where an order of protection or a temporary order  of  protection
     5  is  applied for, issued, modified, or extended under article four, five,
     6  six, seven, eight, or ten of  the  family  court  act,  or  section  two
     7  hundred  forty  or  two hundred fifty-two of the domestic relations law,
     8  for the protection of a petitioner, as defined by paragraph (b)  or  (c)
     9  of subdivision two of section sixty-three hundred forty of this article,
    10  the  court  shall  issue a notice accompanying such order or application
    11  for such order to such petitioner which shall notify such petitioner  of
    12  his  or  her ability to apply for an extreme risk protection order under
    13  this article.
    14    § 2. Section 530.12 of the criminal procedure law is amended by adding
    15  a new subdivision 16 to read as follows:
    16    16. Where an order of protection or a temporary order of protection is
    17  applied for, issued, modified, or extended under this section,  for  the
    18  protection of a petitioner, as defined by paragraph (b) or (c) of subdi-
    19  vision  two  of  section sixty-three hundred forty of the civil practice
    20  law and rules, the court shall issue a notice accompanying such order to
    21  such petitioner which shall notify such petitioner of his or her ability
    22  to  apply  for  an  extreme  risk   protection   order   under   article
    23  sixty-three-A of the civil practice law and rules.
    24    § 3. Section 530.13 of the criminal procedure law is amended by adding
    25  a new subdivision 10 to read as follows:
    26    10. Where an order of protection or a temporary order of protection is
    27  applied  for,  issued, modified, or extended under this section, for the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15260-03-0
        S. 7929                             2

     1  protection of a petitioner, as defined by paragraph (b) or (c) of subdi-
     2  vision two of section sixty-three hundred forty of  the  civil  practice
     3  law and rules, the court shall issue a notice accompanying such order to
     4  such petitioner which shall notify such petitioner of his or her ability
     5  to   apply   for   an   extreme  risk  protection  order  under  article
     6  sixty-three-A of the civil practice law and rules.
     7    § 4. This act shall take effect on the thirtieth day  after  it  shall
     8  have become a law.