Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jun 12, 2014 |
referred to codes delivered to assembly passed senate |
Jun 03, 2014 |
ordered to third reading cal.1129 committee discharged and committed to rules |
May 02, 2014 |
referred to judiciary |
Senate Bill S7179
2013-2014 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
(R, C) 60th Senate District
2013-S7179 (ACTIVE) - Details
2013-S7179 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7179 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the mental condition of a victim PURPOSE: To allow prosecutors to obtain medical records of mentally impaired victims of financial exploitation, without requiring a waiver from those very victims. SUMMARY OF PROVISIONS: Section 1 amends § 4504 of the Civil Practice Law to add a new subdivision (e) to allow prosecutors to obtain medical records of mentally impaired victims of financial exploitation, without requiring a waiver from those very victims Section 2 states that this act shall take effect immediately JUSTIFICATION: An elderly victim's medical records may be required to prove the existence of a mental disability that demonstrates the incapacity to consent, and are certainly crucial evidence in that regard. In some areas of New York State health care providers produce medical records
2013-S7179 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7179 I N S E N A T E May 2, 2014 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the mental condition of a victim THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4504 of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows: (E) MENTAL CONDITION OF A VICTIM. UPON RECEIPT OF A GRAND JURY SUBPOE- NA ISSUED PURSUANT TO SUBDIVISION TWO OF SECTION 610.20 OF THE CRIMINAL PROCEDURE LAW AND ENDORSED BY A JUDGE OF A SUPERIOR COURT, A MEDICAL PROVIDER MUST, AS INDICATED IN THIS SUBDIVISION, PROVIDE TO THE GRAND JURY THE MEDICAL RECORDS OF THE PERSON NAMED IN THE SUBPOENA. A JUDGE OF A SUPERIOR COURT SHALL ENDORSE SUCH A GRAND JURY SUBPOENA UPON AN EX PARTE SWORN SHOWING BY A DISTRICT ATTORNEY, OR OTHER PROSECUTOR WHERE APPROPRIATE, ESTABLISHING (1) THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PERSON IN QUESTION IS A MENTALLY DISABLED PERSON, AND (2) THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PERSON IN QUESTION HAS BEEN THE VICTIM OF FINANCIAL EXPLOITATION. A PERSON IS "MENTALLY DISA- BLED" FOR PURPOSES OF THIS SUBDIVISION WHEN THAT PERSON SUFFERS FROM A MENTAL DISEASE, DEFECT OR CONDITION WHICH RENDERS HIM OR HER INCAPABLE OF APPRAISING THE NATURE OF THE CONDUCT CONSTITUTING THE FINANCIAL EXPLOITATION. UPON RECEIPT OF SUCH AN ENDORSED SUBPOENA A MEDICAL PROVIDER, INCLUDING BUT NOT LIMITED TO A PHYSICIAN, PSYCHOLOGIST OR NURSE, SHALL BE REQUIRED TO DISCLOSE INFORMATION RELATING TO THE MENTAL OR COGNITIVE CONDITION OF THE PERSON IN QUESTION THAT THE MEDICAL PROVIDER ACQUIRED IN ATTENDING THE PERSON IN A PROFESSIONAL CAPACITY, AND WHICH WAS NECESSARY TO ENABLE HIM OR HER TO ACT IN THAT CAPACITY. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13770-01-4
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