S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    611
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  GOTTFRIED,  GUNTHER, BRONSON,
   M. G. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI, BLAKE, GLICK,
   LUPARDO, McDONOUGH, THIELE -- read once and referred to the  Committee
   on Health

 AN  ACT  to  amend  the public health law, in relation to witnesses to a
   health care proxy and to amend the penal law, in relation to the crime
   of forgery in the second degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  2 of section 2981 of the
 public health law, as amended by chapter 342 of the  laws  of  2018,  is
 amended to read as follows:
   (a) A competent adult may appoint a health care agent by a health care
 proxy,  signed and dated by the adult in the presence of [two] ONE adult
 [witnesses] WITNESS who shall also sign the proxy. HOWEVER, A PERSON WHO
 RESIDES IN A FACILITY OPERATED OR  LICENSED  BY  THE  OFFICE  OF  MENTAL
 HEALTH  OR  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL
 SIGN SUCH PROXY IN THE PRESENCE OF TWO ADULT WITNESSES  WHO  SHALL  ALSO
 SIGN THE PROXY. Another person, WHO SHALL NOT BE A WITNESS, may sign and
 date  the  health  care proxy for the adult if the adult is unable to do
 so, at the adult's direction and in the adult's  presence,  and  in  the
 presence  of  [two  adult]  THE  WITNESS OR witnesses who shall sign the
 proxy. The WITNESS OR witnesses shall state that the principal  appeared
 to  execute  the  proxy  willingly  and  free  from  duress.  The person
 appointed as agent shall not act as witness to execution of  the  health
 care proxy.
   §  2.  Subdivision 1 of section 170.10 of the penal law, as amended by
 chapter 949 of the laws of 1984, is amended to read as follows:
   1. A deed, will, codicil, contract, assignment, commercial instrument,
 credit card, as that term is defined in  subdivision  seven  of  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04862-02-9

 A. 611                              2
 
 155.00  OF  THIS  PART, HEALTH CARE PROXY UNDER ARTICLE TWENTY-NINE-C OF
 THE PUBLIC HEALTH LAW, or other instrument which does or  may  evidence,
 create, transfer, terminate or otherwise affect a legal right, interest,
 obligation or status; or
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.