BILL NUMBER: S3340
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the civil practice law and rules and the executive law,
in relation to extreme risk protection orders
 
PURPOSE:
To increase public safety, transparency, and continuity by requiring
that temporary and final extreme risk protection orders be included in
the existing statewide computerized registry of orders of protection and
warrants of arrest.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends paragraph (a) of subdivision 7 of section 6342 of the
civil practice law and rules to add the statewide computerized registry
of orders of protection and warrants of arrest to the list of authori-
ties and institutions that a court must notify and provide a copy of the
issuance, &mendtent, or revocation of a temporary extreme risk
protection order.
Section 2 amends paragraph (a) of subdivision 4 of section 6343 of the
civil practice law and rules to add the statewide computerized registry
of orders of protection and warrants of arrest to the list of insti-
tutions that must be notified and provided a copy of the issuance,
amendment, or revocation of a final extreme risk protection order. :t
also requires the court to report demographic data as required by the
state division of criminal justice Services at the time an order is
transmitted, mirroring the reporting requirements under the temporary
extreme risk protection order provisions.
Section 3 amends subdivision one of section two hundred twenty-one-a of
the Executive Law to include extreme risk protection orders issued
pursuant to article sixty-three-A of the civil practice law and rules to
the existing statewide computerized registry aggregating all orders of
protection, warrants, and special orders of conditions.
Section 4 requires that all extreme risk protection orders issued prior
to the effective date to be added to the statewide computerized regis-
try.
Section 5 sets the effective date.
 
JUSTIFICATION:
Although current law requires judges to notify the division of state
police, law enforcement agencies with jurisdiction, applicable licensing
officers, and the division of criminal justice services of the issuance,
amendment, or revocation of temporary and/or final extreme risk
protection orders (ERPOs), there is no requirement that judges provide
notice of these orders to the statewide computerized registry.
The statewide registry is a centralized database of all court orders of
protection and outstanding warrants that is accessible by state and
local law enforcement, the division of criminal justice services, the
office of court administration, and the office for the prevention of
domestic violence.
This bill modernizes the state's existing ERPO law by requiring that a
judge notify the statewide computerized registry of the issuance, amend-
ment, and revocation of both temporary and final ERPOs. By requiring
courts to perform this added procedure, law enforcement and relevant
authorities can more readily access these critical public safety records
to ensure compliance with court orders across New York State.
ERPOs are legal devices designed to increase public safety by preventing
a person who demonstrates danger to themselves or others from purchasing
and possessing firearms, in addition to requiring the person to surren-
der any firearms they already own or possess. A temporary ERPO is issued
ex parte by a petitioner's local Supreme Court, and if issued, must be
followed until the judge listens to both sides at a hearing to determine
whether a final ERPO shall be issued.
The hearing for a final ERPO takes place anywhere between three and ten
days after the initial application is filed. If a final ERPO is granted,
then it can remain in force for up to one year with the option for the
petitioner to file a renewal application to extend the order for up to
one more year each renewal. If a judge determines that a final ERPO is
not needed, then the case ends and the respondent can apply for a return
of their firearms.
This bill provides a necessary update to the statewide system of Main-
taining records of temporary and final ERPOs. It also ensures uniformity
across temporary and final ERPOs by requiring the same demographic data
to be reported when issuing, amending, or revoking an order.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S3340: 6342 civil practice law, 6342(7) civil practice law, 221-a executive law, 221-a(1) executive law