Assembly Bill A3493

2009-2010 Legislative Session

Ensures that employees of the OMH who work in prison mental health units receive the same immunity from civil damages as other state employees who work in prisons

download bill text pdf

Sponsored By

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

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2009-A3493 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §24, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1798
2013-2014: A4111
2015-2016: A3314
2017-2018: A3735
2019-2020: A4246

2009-A3493 (ACTIVE) - Summary

Ensures that employees of the OMH who work in prison mental health units receive the same immunity from civil damages as other state employees who work in prisons; civil actions cannot be brought in state court against any office of mental health officer or employee providing mental health services in a department of correctional services facility in his or her personal capacity for acts or omissions within the scope of employment.

2009-A3493 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3493

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
  GREENE, MAGEE -- read once and referred to the Committee on Correction

AN ACT to amend the correction law,  in  relation  to  conforming  civil
  immunity  protection for officers or employees of the office of mental
  health, with the protections afforded to others who serve  in  correc-
  tional facilities operated by the department of correctional services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 24 of the correction law, as added by chapter  283
of  the  laws of 1972 and subdivision 3 as amended by chapter 466 of the
laws of 1978, is amended to read as follows:
  S 24. Civil actions against department personnel AND PERSONNEL OF  THE
OFFICE  OF  MENTAL  HEALTH IN DEPARTMENT FACILITIES.  1. No civil action
shall be brought in any court of  the  state,  except  by  the  attorney
general  on  behalf of the state, against any officer or employee of the
department, OR ANY OFFICER OR EMPLOYEE OF THE OFFICE  OF  MENTAL  HEALTH
WHO  PROVIDES  SERVICES  IN  A PROGRAM FOR THE TREATMENT OF MENTALLY ILL
INMATES ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED ONE OF  THIS  CHAP-
TER, in his OR HER personal capacity, for damages arising out of any act
done  or  the failure to perform any act within the scope of the employ-
ment and in the discharge of the duties by such officer or employee.
  2. Any claim for damages arising out of any act done or the failure to
perform any act within the scope of the employment and in the  discharge
of the duties of any officer or employee of the department, OR ANY OFFI-
CER  OR EMPLOYEE OF THE OFFICE OF MENTAL HEALTH WHO PROVIDES SERVICES IN
A PROGRAM FOR THE TREATMENT OF MENTALLY ILL INMATES ESTABLISHED PURSUANT
TO SECTION FOUR HUNDRED ONE OF THIS CHAPTER, shall be brought and  main-
tained in the court of claims as a claim against the state.
  3. This section shall apply with respect to claims arising on or after
the effective date of this section.
  S  2.  This  act  shall take effect immediately, and the provisions of
this act shall apply with respect to claims arising  on  or  after  such
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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