|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Mar 08, 2011||referred to codes|
senate Bill S3884
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3884 - Details
- See Assembly Version of this Bill:
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§730.10, 730.20, 730.30, 730.40, 730.50, 730.60 & 730.70, CP L
S3884 - Sponsor Memo
BILL NUMBER:S3884 TITLE OF BILL: An act to amend the criminal procedure law, in relation to increasing the availability of professionals to perform evaluations regarding a defendant's fitness to proceed to trial in a criminal proceeding PURPOSE OR GENERAL IDEA OF BILL: To increase the availability of professionals operating within their scope of practice to perform evaluations regarding a defendant's fitness to proceed to trial in a criminal proceeding. SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the Criminal Procedure Law section 730.10-730.70 regarding the determination of a defendant's mental fitness to understand the proceedings against him or to assist in his or her own defense in a criminal proceeding. It adds the professions of licensed clinical social workers and licensed nurse practitioners in psychiatry to the definition of "psychiatric examiner", the professionals who may conduct such examinations. This bill would update all other references to psychiatric examinations under CPL 730 include licensed clinical social workers and licensed nurse practitioners in psychiatry as examiners.
S3884 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 3884 A. 6149 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y March 8, 2011 ___________ IN SENATE -- Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to increasing the availability of professionals to perform evaluations regarding a defendant's fitness to proceed to trial in a criminal proceeding THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 730.10 of the criminal procedure law, subdivision 2 as amended by chapter 566 of the laws of 1994, subdivisions 3 and 4 as amended by chapter 440 of the laws of 1987, subdivision 5 as amended by chapter 435 of the laws of 1976, subdivisions 6, 7 and 8 as renumbered by chapter 629 of the laws of 1974, and subdivision 8 as separately amended by chapters 615 and 629 of the laws of 1974, is amended to read as follows: S 730.10 Fitness to proceed; definitions. As used in this article, the following terms have the following mean- ings: 1. "Incapacitated person" means a defendant who as a result of mental [disease] ILLNESS or [defect] DEVELOPMENTAL DISABILITY lacks capacity to understand the proceedings against him OR HER or to assist in his OR HER own defense. 2. "Order of examination" means an order issued to an appropriate director by a criminal court wherein a criminal action is pending against a defendant, or by a family court pursuant to section 322.1 of the family court act wherein a juvenile delinquency proceeding is pend- ing against a juvenile, directing that such person be examined for the purpose of determining if he OR SHE is an incapacitated person. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09670-02-1
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