S 260 New York Senate · 2025 Regular Session

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.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 8, 2025 Last action Mar 31, 2026

Maddy AI version diff · 1 comparison

What changed between versions

S260 → S260A · 4 edits

MODERATE

This bill amends the Extreme Risk Protection Order (ERPO) law to clarify who can file petitions and under what circumstances law enforcement may choose not to file. It expands the definition of 'Petitioner' to include a wider range of school staff and mental health professionals, while simultaneously adding specific exceptions that allow police officers and district attorneys to decline filing if the respondent is a minor facing self-harm risks or has certain prior legal issues.

Scope change

The bill modifies the scope of who is authorized to initiate ERPO petitions and introduces new discretion for law enforcement to refrain from filing in specific scenarios involving minors.

DEFINITION

The definition of 'Petitioner' was updated to explicitly include various school personnel (such as teachers, counselors, and nurses) and mental health providers, clarifying their authority to file ERPO petitions.

A new definition for 'Respondent' was added, specifying that an ERPO can be sought against any person aged 12 or older.

ELIGIBILITY

New exceptions were added allowing police officers and district attorneys to decide not to file an ERPO if the respondent is under 18, the petition is based only on self-harm risks, and there is no evidence of firearms in the household.

REQUIREMENT

The criteria for when law enforcement must file an application were refined to include a mandatory exception for individuals previously deemed unsuitable to own firearms or those currently subject to an ERPO.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 31, 2026

Committee

REPORTED AND COMMITTED TO CODES

upper

Jan 7, 2026

Committee

REFERRED TO JUDICIARY

upper

Dec 12, 2025

Upper · Passed

PRINT NUMBER 260A

upper

Dec 12, 2025

Upper · Passed

AMEND AND RECOMMIT TO JUDICIARY

upper

Jan 8, 2025

Committee

REFERRED TO JUDICIARY

upper

1 primary · 1 co-sponsor