Defense Brief Motion Bank (dev)

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NY A 05711 2025-2026 assembly

Relates to extreme risk protection orders for law enforcement officers; requires certain law enforcement officers to receive legal representation for matters relating to an extreme risk protection order; authorizes law enforcement officers or district attorneys to use discretion in determining when to apply for an extreme risk protection order in certain situations.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Asm. Joseph M. Giglio

Bill summary

Official digest is not on this card.

Now vs if chaptered

Now: not law; live NY ERPO remains CPLR Art. 63-A. If chaptered, it would add petitioner-side counsel and filing discretion, not a new possessory offense.

Defender utility

NY PDs on ERPO calendars: this is not a respondent-side defense today and does not alter live Art. 63-A. If it chapters, use it to contest any claim that an officer or DA was required to file; it would not itself create a client possessory count. Not a California GVRO.

Who this is for. NY PDs on ERPO calendars — pending officer-counsel / filing-discretion overlay, not present law; not a California GVRO.

A-05711 New-York ERPO red-flag CPLR-6349 CPLR-6350 petitioner-discretion law-enforcement not-chaptered challenge-vehicle