Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Apr 02, 2010 |
referred to mental health |
Assembly Bill A10534
2009-2010 Legislative Session
Sponsored By
TEDISCO
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
co-Sponsors
Thomas Alfano
George Amedore
Daniel Burling
Nancy Calhoun
multi-Sponsors
James Bacalles
Robert Barra
Marc Butler
James Conte
2009-A10534 (ACTIVE) - Details
- Current Committee:
- Assembly Mental Health
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§10.06 & 10.07, Ment Hyg L
- Versions Introduced in 2011-2012 Legislative Session:
-
A2038
2009-A10534 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10534 TITLE OF BILL: An act to amend the mental hygiene law, in relation to allowing the detention of a respondent of a "sex offender requiring civil management petition" pending trial, and to establish the standard of proof at trial be "beyond a reasonable doubt" rather than "by clear and convincing evidence" PURPOSE OR GENERAL IDEA OF BILL: To strengthen the constitutionality of the Sex Offender Management and Treatment Act by correcting ambiguities in the statute and adjusting the standard of proof for the civil commitment of a sex offender. SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires that if a court finds probable cause that a respondent to a sex offender civil management petition is a sex offender requiring civil management, and the respondent is either at liberty at the time of the hearing or eligible for release from imprisonment before the trial date, the court must then determine whether or not there is probable cause to believe that the respondent is a dangerous sex offender requiring confinement.
2009-A10534 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10534 I N A S S E M B L Y April 2, 2010 ___________ Introduced by M. of A. TEDISCO, ALFANO, AMEDORE, BURLING, CALHOUN, FINCH -- Multi-Sponsored by -- M. of A. BACALLES, BARRA, BUTLER, CONTE, CROUCH, DUPREY, GIGLIO, JORDAN, McDONOUGH, McKEVITT, J. MILLER, MOLI- NARO, OAKS, RAIA, REILICH, SALADINO, SCOZZAFAVA, THIELE, TOWNSEND -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to allowing the detention of a respondent of a "sex offender requiring civil manage- ment petition" pending trial, and to establish the standard of proof at trial be "beyond a reasonable doubt" rather than "by clear and convincing evidence" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (k) of section 10.06 of the mental hygiene law, as amended by section 1 of part H of chapter 58 of the laws of 2009, is amended to read as follows: (k) At the conclusion of the hearing, the court shall determine wheth- er there is probable cause to believe that the respondent is a sex offender requiring civil management. If the court determines that proba- ble cause has not been established, the court shall issue an order dismissing the petition, and the respondent's release shall be in accordance with other applicable provisions of law. If the court deter- mines that probable cause has been established[: (i) the court shall order that the respondent be committed to a secure treatment facility designated by the commissioner for care, treatment and control upon his or her release, provided, however, that a respondent who otherwise would be required to be transferred to a secure treatment facility may, upon a written consent signed by the respondent and his or her counsel, consent to remain in the custody of the department of correctional services pending the outcome of the proceedings under this article, and that such consent may be revoked in writing at any time; (ii)] the court shall set a date for trial in accordance with subdivision (a) of section 10.07 of this article. IF RESPONDENT IS EITHER AT LIBERTY AT THE TIME OF THE HEARING OR ELIGIBLE FOR RELEASE FROM IMPRISONMENT DURING THE PERIOD OF TIME BETWEEN THE HEARING AND THE TRIAL DATE, THE COURT SHALL FURTHER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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