Assembly Bill A4795

2023-2024 Legislative Session

Relates to the rights of former outpatients of mental health facilities to have files sealed after ten years

download bill text pdf

Sponsored By

Current 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

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2023-A4795 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.14, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2519
2011-2012: A3092
2013-2014: A4237
2015-2016: A2537
2017-2018: A1596
2019-2020: A4114
2021-2022: A1787

2023-A4795 (ACTIVE) - Summary

Authorizes former outpatients of mental health facilities to request a court of competent jurisdiction to render an order to have their files sealed when more than ten years have elapsed since the last treatment in such facility, they are not currently being treated for mental illness and it would be in the best interests of the petitioner and society to seal such record without the requirement of a special proceeding.

2023-A4795 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4795
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to directing  courts
   of  law, upon request, to seal the files of certain former outpatients
   of mental health facilities after ten years

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (b) of section 33.14 of the mental hygiene law
 is relettered subdivision (c) and a new subdivision (b) is added to read
 as  follows:
   (B) (1) NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  UPON
 REQUEST BY A PERSON WHO HAS BEEN ADMITTED TO RECEIVE INPATIENT OR OUTPA-
 TIENT  SERVICES  FOR  MENTAL  ILLNESS, A COURT OF COMPETENT JURISDICTION
 SHALL RENDER AN ORDER DIRECTING THE  SEALING  OF  RECORDS  HELD  BY  THE
 OFFICE  OF  MENTAL HEALTH, A FACILITY, OR ANY OTHER INDIVIDUAL OR PUBLIC
 OR PRIVATE ENTITY, WHICH IDENTIFY A PERSON AS A  RECIPIENT  OF  SERVICES
 FOR  MENTAL  ILLNESS,  SUBJECT  TO SUCH LIMITATIONS OR EXCEPTIONS AS THE
 COURT MAY IMPOSE, UPON A FINDING THAT  COMPETENT  MEDICAL  EVIDENCE  HAS
 DEMONSTRATED THAT THE PERSON IDENTIFIED IN SUCH RECORDS IS NOT CURRENTLY
 SUFFERING  FROM  A  MENTAL  ILLNESS,  HAS  NOT FOR A PERIOD OF TEN YEARS
 RECEIVED OUTPATIENT SERVICES FOR THE TREATMENT OF A MENTAL ILLNESS,  AND
 THE INTERESTS OF SUCH PERSON AND SOCIETY WOULD BEST BE SERVED BY SEALING
 SUCH PERSON'S RECORDS. IT SHALL BE PRESUMED THAT IT WOULD BE IN THE BEST
 INTERESTS  OF  SUCH  PERSON AND SOCIETY TO SEAL ANY RECORD OF A PERSON'S
 RECEIPT OF SERVICES FOR THE TREATMENT OF MENTAL ILLNESS PRIOR TO HIS  OR
 HER SIXTEENTH BIRTHDAY.
   (2)  SUCH REQUEST SHALL BE IN A FORM PRESCRIBED BY THE COURT AND SHALL
 INCLUDE AN AFFIDAVIT EXECUTED BY SUCH  PETITIONER  AND  FILED  WITH  THE
 COURT ALONG WITH COMPETENT MEDICAL EVIDENCE PURSUANT TO PARAGRAPH ONE OF
 THIS  SUBDIVISION.  A  PETITIONER  SHALL  NOT  BE REQUIRED TO COMMENCE A
 SPECIAL PROCEEDING UNDER THIS SUBDIVISION, PROVIDED, HOWEVER, THAT  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09466-01-3
              

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