Establishes the crime of falsely filing an extreme risk protection order to be punishable as a class E felony.
Summary
Bill A05952 establishes the crime of falsely filing an extreme risk protection order in New York. It amends the penal law to introduce a new section, 400.12, which classifies the act of knowingly submitting false information to obtain such an order as a class E felony. Additionally, it modifies the civil practice law and rules by adding a corresponding section, 6349, to reinforce the legal consequences of this action.
Impact
The bill's passage would create a new legal framework for addressing the misuse of extreme risk protection orders, which are designed to prevent individuals deemed a risk to themselves or others from accessing firearms. By establishing penalties for false filings, the bill aims to uphold the integrity of the legal process surrounding these orders and deter malicious or frivolous claims.
Sentiment
The sentiment surrounding Bill A05952 appears to be generally supportive among lawmakers who recognize the importance of preventing abuse of the extreme risk protection order system. However, there may be concerns regarding the potential for unintended consequences, such as discouraging individuals from seeking protection due to fear of legal repercussions.
Contention
Notable points of contention may arise from discussions about the balance between protecting individuals from harm and ensuring that the legal system is not misused. Some advocates may argue that the bill could deter legitimate filings out of fear of felony charges, while supporters emphasize the need to prevent abuse of the system.