#19: Order State Police to File Extreme Risk Protection Orders

No. 19

Order state police to file extreme risk protection orders

WHILE, gun violence remains the deadliest tactic deployed by domestic extremists, with violent white supremacist extremists inspired by “replacement theory” carrying out deadly shootings targeting a synagogue in Pittsburgh, Pennsylvania in October 2018 ; a synagogue in Poway, California in April 2019; and an El Paso, Texas Walmart in August 2019;

WHILE10 people were killed with a semi-automatic rifle fitted with a large capacity magazine in an act of white supremacist domestic terrorism in a shooting on May 14, 2022 at a supermarket in Buffalo, NY, demonstrating the need for a heightened vigilance to prevent, whenever possible similar tragedies do not happen again in the future;

WHILEthe number of domestic extremist attacks and plots more than tripled from 2011 to 2021, according to the Center for Strategic and International Studies, with more than “38 white supremacist and other like-minded terrorist attacks and plots” in 2021;

WHILE, the foregoing requires decisive and immediate action to protect the public from this growing and prevalent threat in New York State; and

SO NOW, Me, KATHY HOCHUL, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the laws of the State of New York, hereby orders that:

The New York State Police must ensure that its sworn members are trained and instructed to file for an Extreme Risk Protection Order pursuant to Section 63-A of the Civil Laws and Rules of Practice.

All sworn members of the New York State Police must file an application, which must be sworn, and accompanying documentation, setting out the facts and circumstances warranting the issuance of a temporary protective order against extreme risks where there are probable grounds to believe that the defendant is likely to engage in conduct that would result in serious harm to himself or others, as defined in paragraph one or two of subdivision (a) Section 9.39 of the Mental Hygiene Act. This claim and supporting documents must be filed in the Supreme Court of the county in which the defendant resides, pursuant to Section 63-A of the Statutes and Rules of Civil Practice.

GIVEN under my hand and the private seal

of the state in the city of
Albany this eighteenth day of
May of the year two thousand
twenty two

BY THE GOVERNOR

Governor’s Secretary

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