senate Bill S5451A

2011-2012 Legislative Session

Establishes mandatory reporting of alleged incidents of abuse, mistreatment or neglect of residents in assisted living and adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 print number 5451a
amend and recommit to finance
May 30, 2012 reported and committed to finance
Jan 04, 2012 referred to aging
May 24, 2011 referred to aging

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S5451 - Details

See Assembly Version of this Bill:
A4301A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add Art 9-C §§473-m - 473-u, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2009-2010: S527, A7317
2011-2012: S5451A

S5451 - Summary

Establishes the mandatory reporting by certain professional or official persons who come into contact with mentally or physically incapacitated persons who were abused including residents of assisted living and adult care facilities who may be abused, mistreated or neglected; provides reporting procedures and grants immunity for such reporting; provides criminal and civil penalties.

S5451 - Sponsor Memo

S5451 - Bill Text download pdf

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

                                  5451

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the  social  services  law,  in  relation  to  mandatory
  reporting of abuse of mentally or physically incapacitated persons

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

  Section 1. The social services law is amended by adding a new  article
9-C to read as follows:

                               ARTICLE 9-C
                     MANDATORY REPORTING OF ABUSE OF
              MENTALLY OR PHYSICALLY INCAPACITATED PERSONS
SECTION 473-M. LEGISLATIVE FINDINGS AND PURPOSE.
        473-N. DEFINITIONS.
        473-O. MANDATORY REPORTING.
        473-P. ANY PERSON PERMITTED TO REPORT.
        473-Q. REPORTING PROCEDURE.
        473-R. OBLIGATIONS OF PERSONS REQUIRED TO REPORT.
        473-S. IMMUNITY FROM LIABILITY FOR REPORTING.
        473-T. PENALTIES FOR FAILURE TO REPORT.
        473-U. EDUCATION OF MANDATORY REPORTERS.
  S 473-M. LEGISLATIVE  FINDINGS  AND  PURPOSE.  THE  LEGISLATURE HEREBY
FINDS THAT THE PROBLEM OF ABUSE OF MENTALLY OR PHYSICALLY  INCAPACITATED
PERSONS  IS  CONTINUING TO INCREASE IN SOCIETY TODAY. THIS TYPE OF ABUSE
OFTEN GOES UNREPORTED BECAUSE OF THE INABILITY OF THE VICTIM TO COMMUNI-
CATE THE ABUSE TO THE PROPER AUTHORITIES OR THE  VICTIM'S  UNWILLINGNESS
TO  DISCLOSE  THE ABUSE DUE TO EMBARRASSMENT, FEAR OR SHAME.  THEREFORE,
IT IS NECESSARY TO INSTITUTE A SYSTEM WHICH WOULD MAKE  THE  INDIVIDUALS
TREATING  OR  COMING  INTO  CONTACT  WITH  PERSONS  WHO HAVE PHYSICAL OR
EMOTIONAL SYMPTOMS OF ABUSE RESPONSIBLE FOR REPORTING THIS CRIME TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04005-01-1

Co-Sponsors

view additional co-sponsors

S5451A (ACTIVE) - Details

See Assembly Version of this Bill:
A4301A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add Art 9-C §§473-m - 473-u, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2009-2010: S527, A7317
2011-2012: S5451A

S5451A (ACTIVE) - Summary

Establishes the mandatory reporting by certain professional or official persons who come into contact with mentally or physically incapacitated persons who were abused including residents of assisted living and adult care facilities who may be abused, mistreated or neglected; provides reporting procedures and grants immunity for such reporting; provides criminal and civil penalties.

S5451A (ACTIVE) - Sponsor Memo

S5451A (ACTIVE) - Bill Text download pdf

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

                                 5451--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced by Sens. ALESI, ADAMS, ADDABBO, DeFRANCISCO, GOLDEN, HUNTLEY,
  KENNEDY,  LARKIN,  LIBOUS,  MAZIARZ,  OPPENHEIMER, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Aging -- recommitted to the Committee on Aging in accord-
  ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  social  services  law, in relation to mandatory
  reporting of abuse of mentally or physically incapacitated persons

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

  Section  1. The social services law is amended by adding a new article
9-C to read as follows:
                               ARTICLE 9-C
                     MANDATORY REPORTING OF ABUSE OF
              MENTALLY OR PHYSICALLY INCAPACITATED PERSONS
SECTION 473-M. LEGISLATIVE FINDINGS AND PURPOSE.
        473-N. DEFINITIONS.
        473-O. MANDATORY REPORTING.
        473-P. ANY PERSON PERMITTED TO REPORT.
        473-Q. REPORTING PROCEDURE.
        473-R. OBLIGATIONS OF PERSONS REQUIRED TO REPORT.
        473-S. IMMUNITY FROM LIABILITY FOR REPORTING.
        473-T. PENALTIES FOR FAILURE TO REPORT.
        473-U. EDUCATION OF MANDATORY REPORTERS.
  S 473-M. LEGISLATIVE FINDINGS  AND  PURPOSE.  THE  LEGISLATURE  HEREBY
FINDS  THAT THE PROBLEM OF ABUSE OF MENTALLY OR PHYSICALLY INCAPACITATED
PERSONS IS CONTINUING TO INCREASE IN SOCIETY TODAY. THIS TYPE  OF  ABUSE
OFTEN GOES UNREPORTED BECAUSE OF THE INABILITY OF THE VICTIM TO COMMUNI-
CATE  THE  ABUSE TO THE PROPER AUTHORITIES OR THE VICTIM'S UNWILLINGNESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04005-02-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.