Bill > S00260

This bill amends New York's civil practice law and rules regarding Extreme Risk Protection Orders (ERPOs), expanding the definition of who can file such an order and clarifying the circumstances under which an order can be issued. The bill modifies key definitions to include deputy sheriffs as potential petitioners and specifies that respondents must be at least twelve years old. It broadens the criteria for filing an ERPO to focus on substantial risks of physical harm to oneself or others, replacing previous language about "serious harm" with more specific descriptions of dangerous behavior. The bill gives police officers, deputy sheriffs, and district attorneys discretion in filing applications, allowing them to decline in certain circumstances such as when the respondent is already subject to an existing order or is currently incarcerated. The legislation also provides more detailed guidelines for court hearings, emphasizing that hearsay evidence can be considered, and ensures that the original reason for not filing an application cannot be used against the petitioner during the hearing. Additionally, the bill includes provisions for firearm surrender, record-keeping, and the potential renewal of protection orders, with a focus on protecting individuals who may pose a risk to themselves or others.

Justice

https://www.nysenate.gov/legislation/bills/2025/S260