New York S 260: Relates to extreme risk protection orders

Bill Text

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S00260 Summary:

BILL NOS00260A

&nbsp

SAME ASSAME AS A03384-A

&nbsp

SPONSORMARTINEZ

&nbsp

COSPNSRADDABBO

&nbsp

MLTSPNSR

&nbsp

Amd §§6340 - 6346, CPLR

&nbsp

Relates to extreme risk protection orders; defines "exception"; authorizes a police officer or district attorney to file an application for an extreme risk protection order if found that a person meets the requirements of an exception pursuant to section 6340 of the civil practice law and rules; makes related provisions.

Go to top S00260 Actions:

BILL NOS00260A

&nbsp

01/08/2025REFERRED TO JUDICIARY

12/12/2025AMEND AND RECOMMIT TO JUDICIARY

12/12/2025PRINT NUMBER 260A

01/07/2026REFERRED TO JUDICIARY

03/31/2026REPORTED AND COMMITTED TO CODES

Go to topS00260 Committee&nbspVotes:

Go to topS00260 Floor&nbspVotes:

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

Go to topS00260 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 260--A

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. MARTINEZ, ADDABBO -- read twice and ordered printed,
 and when printed to be committed to the Committee on Judiciary --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 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. Subdivisions 2 and 3 of section 6340 of the civil practice
 2 law and rules, subdivision 2 as amended by chapter 425 of the laws of
 3 2024, subdivision 3 as added by chapter 19 of the laws of 2019, are
 4 amended to read as follows:
 5 2. "Petitioner" means: (a) a law enforcement agency that employs a
 6 police officer, as such term is defined in section 1.20 of the criminal
 7 procedure law, or a police officer, deputy sheriff, or district attorney
 8 with jurisdiction in the county or city where the person against whom
 9 the order is sought resides; (b) a family or household member, as
 10 defined in subdivision two of section four hundred fifty-nine-a of the
 11 social services law, of the person against whom the order is sought; (c)
 12 a school administrator as defined in section eleven hundred twenty-five
 13 of the education law, or a school administrator's designee, of any
 14 school in which the person against whom the order is sought is currently
 15 enrolled or has been enrolled in the six months immediately preceding
 16 the filing of the petition; or (d) a licensed physician, licensed
 17 psychiatrist, licensed psychologist, registered nurse, licensed clinical
 18 social worker, certified clinical nurse specialist, certified nurse
 19 practitioner, licensed clinical marriage and family therapist, regis-
 20 tered professional nurse, licensed master social worker or licensed
 21 mental health counselor who has treated the person against whom the
 22 order is sought in the six months immediately preceding the filing of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01149-06-5

 S. 260--A 2

 1 the petition. For purposes of this article, a school administrator's
 2 designee shall be employed at the same school as the school administra-
 3 tor and shall be any of the following who has been designated in writing
 4 to file a petition with respect to the person against whom the order is
 5 sought: a school teacher, school guidance counselor, school psychol-
 6 ogist, school social worker, school nurse, or other school personnel
 7 required to hold a teaching or administrative license or certificate,
 8 and full or part-time compensated school employee required to hold a
 9 temporary coaching license or professional coaching certificate.
 10 3. "Respondent" means the person, twelve years of age or older,
 11 against whom an extreme risk protection order is or may be sought under
 12 this article.
 13 § 2. Section 6341 of the civil practice law and rules, as amended by
 14 chapter 425 of the laws of 2024, is amended to read as follows:
 15 § 6341. Application for an extreme risk protection order. 1. In
 16 accordance with this article, a petitioner may file an application,
 17 which shall