New York S 1647: Relates to a training program for firefighters, police officers and emergency medical services personnel on handling emergency situations involving individuals with autism spectrum disorder

Bill Text

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S01647 Summary:

BILL NOS01647 

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SAME ASSAME AS A02472

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SPONSORBORRELLO

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COSPNSR

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MLTSPNSR

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Add §79-r, Civ Rts L; amd §§400.00, 400.02 & 400.05, rpld §400.00 sub 11 ¶¶(b) & (c), sub 16-a ¶(c), sub 10
¶(b), §400.03, Pen L; amd §898, Gen Bus L; rpld §9.46, amd §33.13, Ment Hyg L; rpld §837 sub 19, Exec L

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Establishes the civil rights restoration act; amends provisions regarding firearm licenses and destruction of firearms; exempts certain individuals from providing photographs in order to obtain a firearm license; expands the definition of immediate family.

Go to top S01647 Actions:

BILL NOS01647 

&nbsp

01/13/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01647 Committee&nbspVotes:

Go to topS01647 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01647 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1647

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

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

 AN ACT to amend the civil rights law, in relation to establishing the
 civil rights restoration act; to amend the penal law, in relation to
 medical and/or clinical records and reporting for purposes of firearm
 licenses, in relation to the destruction of firearms, in relation to
 registration of sellers of ammunition, and in relation to exempting
 certain individuals from having to provide a photograph for firearm
 licensing purposes; to amend the general business law, in relation to
 expanding the definition of immediate family; to amend the mental
 hygiene law, in relation to reporting; to repeal certain provisions of
 the penal law relating to firearms licenses and sellers of ammunition;
 and to repeal certain provisions of the mental hygiene law and the
 executive law, relating to reporting of substantial risk or threat of
 harm by mental health professionals

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "civil rights restoration act".
 3 § 2. The civil rights law is amended by adding a new section 79-r to
 4 read as follows:
 5 § 79-r. Civil rights restoration. 1. In any proceeding that may impact
 6 an individual's rights under the second amendment of the United States
 7 constitution, or any similar state right, including such proceedings
 8 that could result in the loss of a license to carry or possess a
 9 firearm:
 10 (a) No court order shall be issued nor proceeding be commenced unless
 11 all pleadings or other accusatory instruments have been filed and served
 12 in conformity with article thirty of the civil practice law and rules,
 13 and where such pleading includes an allegation that the individual has
 14 been "involuntarily committed to a mental institution," such pleading

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04920-01-5

 S. 1647 2

 1 shall include an allegation as to the said court order date and juris-
 2 diction;
 3 (b) The burden of proof in such proceeding shall be no less than clear
 4 and convincing evidence;
 5 (c) Individuals may examine the entire contents of such individual's
 6 firearm license records constructed by state and local licensing and law
 7 enforcement authorities;
 8 (d) There shall be a right to counsel, including the right to assigned
 9 counsel, if counsel cannot be afforded; and
 10 (e) Any firearms confiscated and/or surrendered into law enforcement
 11 evidence status during such proceeding shall not be destroyed, unless
 12 specifically directed through a written order by a court of competent
 13 jurisdiction at the conclusion of all disqualification proceedings
 14 relating to the individual, including any appeals undertaken.
 15 2. (a) There shall be contemporaneous written notification to all
 16 individuals being reported to any law enforcement database that could
 17 result in the deprivation of rights to own, possess, or use a firearm
 18 and/or the deprivation of a lawfully owned firearm, i