Defense Brief Motion Bank (dev)

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NY S 00260 2025-2026 Senate

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.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

NY Senate (Martinez)

Bill summary

Official digest is not on this card.

Now vs if chaptered

NOW: reported to Codes; not law. IF CHAPTERED: individual officers/DAs can (and in the 'shall file' path must) petition ERPOs against respondents 12+, on a substantial-risk standard.

Defender utility

NY PDs on ERPO calendars: if this chapters, the fight is standing (individual cop/DA vs agency), the 12-year-old respondent floor, and whether 'credible information' actually showed substantial risk. Not a new CPW. Not a California GVRO; portable as an ERPO-petitioner-expansion analogue next to AB 1753.

Who this is for. NY PDs on ERPO calendars — pending individual-officer/DA petitioner expansion and age-12 respondent floor, not present law; not a California GVRO.

Bank hints

  • ERPO
S-00260 New-York ERPO red-flag CPLR-6340 petitioner-expansion age-12 mandatory-file A-03384-twin not-chaptered challenge-vehicle