senate Bill S7587B

Signed By Governor
2011-2012 Legislative Session

Relates to the appointment of guardians

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10608 -


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 signed chap.475
Sep 21, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1487
substituted for s7587b
Jun 21, 2012 substituted by a10608a
ordered to third reading cal.1487
Jun 18, 2012 print number 7587b
amend and recommit to rules
Jun 08, 2012 print number 7587a
amend (t) and recommit to rules
Jun 05, 2012 referred to rules

S7587 - Details

See Assembly Version of this Bill:
A10608A
Law Section:
Correction Law
Laws Affected:
Amd §168-b, Cor L; amd §81.19, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
A10608A

S7587 - Summary

Relates to the appointment of guardians.

S7587 - Sponsor Memo

S7587 - Bill Text download pdf

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

                                  7587

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced by Sen. McDONALD -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Rules

AN ACT to amend the executive law, the correction  law  and  the  mental
  hygiene law, in relation to the appointment of guardians

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

  Section 1. Subdivision 2 of section 845-b of  the  executive  law,  as
amended  by  chapter  769  of  the  laws  of 2005, is amended to read as
follows:
  2. Where a provider is authorized or required to request  a  check  of
criminal history information by an authorized agency pursuant to section
16.33,  [or] 31.35 OR 81.19 of the mental hygiene law or article twenty-
eight-E of the public health law, such provider shall  proceed  pursuant
to  the  provisions  of this section and in a manner consistent with the
provisions of article twenty-three-A of the correction law, subdivisions
fifteen and sixteen of section two hundred ninety-six  of  this  chapter
and all other applicable laws.
  S  2.    Subparagraph (iii) of paragraph b of subdivision 2 of section
168-b of the correction law, as amended by chapter 595 of  the  laws  of
2008  and  as  further amended by section 104 of part A of chapter 62 of
the laws of 2011, is amended to read as follows:
  (iii) a court, to  enable  the  court  to  promptly  comply  with  the
provisions  of paragraph (a-1) of subdivision one of section two hundred
forty of the domestic relations law, [and] subdivision  (e)  of  section
six  hundred  fifty-one  of the family court act, AND SUBDIVISION (G) OF
SECTION 81.19 OF THE MENTAL HYGIENE LAW.
  S 3. Section 81.19 of the mental hygiene law is amended  by  adding  a
new subdivision (g) to read as follows:
  (G)  1.  IN  MAKING  AN  APPOINTMENT OR CONSIDERING A REVOCATION OF AN
APPOINTMENT UNDER THIS ARTICLE, THE COURT ALSO MAY OBTAIN AND  CONSIDER,
AND MAY AUTHORIZE A COURT EVALUATOR TO REVIEW THE SAME AND REPORT TO THE
COURT CONCERNING, ANY OF THE FOLLOWING INFORMATION REGARDING THE GUARDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15240-01-2

S7587A - Details

See Assembly Version of this Bill:
A10608A
Law Section:
Correction Law
Laws Affected:
Amd §168-b, Cor L; amd §81.19, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
A10608A

S7587A - Summary

Relates to the appointment of guardians.

S7587A - Sponsor Memo

S7587A - Bill Text download pdf

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

                                 7587--A

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced by Sen. McDONALD -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on  Rules  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the correction  law  and  the  mental  hygiene  law,  in
  relation to the appointment of guardians

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

  Section 1.   Subparagraph (iii) of paragraph b  of  subdivision  2  of
section  168-b  of  the correction law, as amended by chapter 595 of the
laws of 2008 and as further amended by section 104 of part A of  chapter
62 of the laws of 2011, is amended to read as follows:
  (iii)  a  court,  to  enable  the  court  to  promptly comply with the
provisions of paragraph (a-1) of subdivision one of section two  hundred
forty  of  the  domestic relations law, [and] subdivision (e) of section
six hundred fifty-one of the family court act, AND  SUBDIVISION  (G)  OF
SECTION 81.19 OF THE MENTAL HYGIENE LAW.
  S  2.  Section  81.19 of the mental hygiene law is amended by adding a
new subdivision (g) to read as follows:
  (G) 1. IN MAKING AN APPOINTMENT OR  CONSIDERING  A  REVOCATION  OF  AN
APPOINTMENT  UNDER THIS ARTICLE, THE COURT ALSO MAY OBTAIN AND CONSIDER,
AND MAY AUTHORIZE A COURT EVALUATOR TO REVIEW THE SAME AND REPORT TO THE
COURT CONCERNING, ANY OF THE FOLLOWING INFORMATION REGARDING THE GUARDI-
AN OR PROPOSED GUARDIAN, AND, IF THE  INCAPACITATED  PERSON  RESIDES  OR
WILL RESIDE WITH SUCH GUARDIAN OR PROPOSED GUARDIAN, ANY PERSON EIGHTEEN
YEARS  OR  OLDER  RESIDING IN THE GUARDIAN OR PROPOSED GUARDIAN'S HOUSE-
HOLD:
  (I) A CRIMINAL HISTORY RECORD CHECK OF SUCH PERSON OR PERSONS; AND  IN
FURTHERANCE  THEREOF, THE COURT SHALL BE AUTHORIZED TO: (1) OBTAIN A SET
OF SUCH PERSON'S FINGERPRINTS; (2) DIRECT THAT THE DIVISION OF  CRIMINAL
JUSTICE  SERVICES  PROMPTLY  PROVIDE  TO  THE  COURT  A CRIMINAL HISTORY
RECORD, IF ANY, WITH RESPECT TO SUCH PERSON OR  A  STATEMENT  THAT  SUCH
PERSON  HAS  NO  CRIMINAL  RECORD; AND (3) DIRECT THE SUBMISSION OF SUCH

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

S7587B (ACTIVE) - Details

See Assembly Version of this Bill:
A10608A
Law Section:
Correction Law
Laws Affected:
Amd §168-b, Cor L; amd §81.19, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
A10608A

S7587B (ACTIVE) - Summary

Relates to the appointment of guardians.

S7587B (ACTIVE) - Sponsor Memo

S7587B (ACTIVE) - Bill Text download pdf

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

                                 7587--B

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced by Sen. McDONALD -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on  Rules  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  correction  law  and the mental hygiene law, in
  relation to the appointment of guardians

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

  Section  1.    Subparagraph  (iii)  of paragraph b of subdivision 2 of
section 168-b of the correction law, as amended by chapter  595  of  the
laws  of 2008 and as further amended by section 104 of part A of chapter
62 of the laws of 2011, is amended to read as follows:
  (iii) a court, to  enable  the  court  to  promptly  comply  with  the
provisions  of paragraph (a-1) of subdivision one of section two hundred
forty of the domestic relations law, [and] subdivision  (e)  of  section
six  hundred  fifty-one  of the family court act, AND SUBDIVISION (G) OF
SECTION 81.19 OF THE MENTAL HYGIENE LAW.
  S 2. Section 81.19 of the mental hygiene law is amended  by  adding  a
new subdivision (g) to read as follows:
  (G)  1.  IN  MAKING  AN  APPOINTMENT OR CONSIDERING A REVOCATION OF AN
APPOINTMENT UNDER THIS ARTICLE, THE COURT ALSO MAY OBTAIN AND  CONSIDER,
AND MAY AUTHORIZE A COURT EVALUATOR TO REVIEW THE SAME AND REPORT TO THE
COURT CONCERNING, ANY OF THE FOLLOWING INFORMATION REGARDING THE GUARDI-
AN  OR  PROPOSED  GUARDIAN,  AND, IF THE INCAPACITATED PERSON RESIDES OR
WILL RESIDE WITH SUCH GUARDIAN OR PROPOSED GUARDIAN, ANY PERSON EIGHTEEN
YEARS OR OLDER RESIDING IN THE GUARDIAN OR  PROPOSED  GUARDIAN'S  HOUSE-
HOLD:
  (I)  A CRIMINAL HISTORY RECORD CHECK OF SUCH PERSON OR PERSONS; AND IN
FURTHERANCE THEREOF, THE COURT SHALL BE AUTHORIZED TO: (1) OBTAIN A  SET
OF  SUCH PERSON'S FINGERPRINTS; (2) DIRECT THAT THE DIVISION OF CRIMINAL
JUSTICE SERVICES PROMPTLY  PROVIDE  TO  THE  COURT  A  CRIMINAL  HISTORY
RECORD,  IF  ANY,  WITH  RESPECT TO SUCH PERSON OR A STATEMENT THAT SUCH

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

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