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Assembly Bill A4111

2013-2014 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

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Archive: Last Bill Status - In Assembly Committee

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2013-A4111 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง24, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3493
2011-2012: A1798
2015-2016: A3314
2017-2018: A3735
2019-2020: A4246

2013-A4111 (ACTIVE) - Summary

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

2013-A4111 (ACTIVE) - Bill Text download pdf 

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

                                  4111

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. AUBRY, COLTON, STEVENSON -- Multi-Sponsored by --
  M. of A. BRONSON, COOK, MAGEE -- read once and referred to the Commit-
  tee 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, subdivision 1 as amended by section 11 of subpart A
of part C of chapter 62 of the  laws  of  2011,  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, which for purposes of this section shall include members  of
the  state  board of parole, 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  CHAPTER,  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  employment  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05945-01-3

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