Relates to extreme risk protection orders

Summary

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.

Summary from NY Open Legislation. How we handle summaries

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Purpose, from the sponsor's memo

Section 1: Amends § 6340 of the Civil Practice Law and Rules ("CPLR") to clarify deputy sheriffs as possible petitioners and further clarifies the definition of a respondent to include those aged 12 and older, aligning with existing statutes that allow for legal access to firearms beginning at this age under New York State law (Penal Law §§ 265.05, 265.20(4); ECL § 11-0701(1)(a)) to ensure ERPO protections extend appro- priately to those legally capable of possessing firearms. Section 2: Amends § 6341 of the CPLR by eliminating all references to § 9.39 of the Mental Hygiene Law to avoid unintended implications and streamline applicability. Additionally, exception language is added to afford greater discretion to law enforcement in cases involving: *Certified mentally incompetent individuals, maintaining the existing language *Situations where an ERPO is already in place *Respondents currently incarcerated with an expected release date beyond the expiration of the ERPO *Minors under 18 where the sole concern is self-harm, with no threats to others or a school, no firearm references, and no firearms in the home. This modification raised the age from 16 in the original bill to 18 in this proposed legislation to provide additional discretion to law enforcement. To strengthen the jurisdictional application of ERPOs, clarifications were made to confirm ERPO protections extend to out-of-state respondents whose harmful actions have repercussions within New York State. This ensures the enforcement of ERPO provisions beyond geographical bounda- ries when necessary for public safety. Further procedural enhancements include recognizing CPLR 2106 for ERPO applications, eliminating the notary requirement to facilitate timely emergency filings, especially during late-night incidents. Additional clarifications underscore the appropriate evidentiary weight to be given to hearsay in ERPO proceedings. Section 3: Amends 6342 of the CPLR by removing references to the mental hygiene law and defining the risk of harm the court must find for the issuance of a temporary extreme risk protection order. It is also clari- fied the court shall not consider the discretion of a petitioner's previous discretion in declining to file a temporary extreme risk protection order against respondent. Additional clarifications under- score the appropriate evidentiary weight to be given to hearsay in ERPO proceedings. Section 4: Amends § 6343 of the CPLR by removing references to the mental hygiene law and defining the risk of harm the court must find for the issuance of a final extreme risk protection order. It also adds those with a temporary extreme risk protection order can waive their rights to a hearing and consent to a final extreme risk protection order. Section 5: Amends § 6344 of the CPLR to make conforming changes to clar- ify deputy sheriffs can be petitioners. Section 6: Amends§ 6345 of the CPLR by removing references to the mental hygiene law and defining the risk of harm the court must find for a renewal of an extreme risk protection order. It is also clarified the court shall not consider a petitioner's previous discretion in declining to renew an extreme risk protection order against a respondent. Section 7: Amends § 6346 of the CPLR to make conforming changes to clar- ify deputy sheriffs can be petitioners. Section 8: Establishes the effective clause.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

Codes · New York State Assembly

Also referred to Codes · New York State Senate, Judiciary · New York State Assembly, Judiciary · New York State Senate.

Recorded votes

• Vote: Committee vote · Judiciary

  Senate JudiciaryMar 31, 2026Result: passed

  Voted yes (18)Voted no (1)Voted present (0)Absent (0)

  See member positions

Full history

1. May 20, 2026

   Reported out of committee

   REPORTED REFERRED TO RULES

   NY Assembly

2. Mar 31, 2026

   Reported out of committee

   REPORTED AND COMMITTED TO CODES

   NY Senate

3. Jan 7, 2026

   Referred to committee

   REFERRED TO CODES

   NY Assembly

4. Jan 7, 2026

   Referred to committee

   REFERRED TO JUDICIARY

   NY Senate

5. Dec 17, 2025

   Amend and Recommit to Codes

   AMEND AND RECOMMIT TO CODES

   NY Assembly