Do you support this bill?

Assembly Bill A619

2013-2014 Legislative Session

Relates to witnesses to a health care proxy and the crime of forgery in the second degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

multi-Sponsors

2013-A619 (ACTIVE) - Details

See Senate Version of this Bill:
S4922
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L; amd §170.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3787
2011-2012: A2186
2015-2016: A308
2017-2018: A1219
2019-2020: A611
2021-2022: A1303
2023-2024: A385
2025-2026: A721

2013-A619 (ACTIVE) - Summary

Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; also includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

2013-A619 (ACTIVE) - Bill Text download pdf 

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

                                   619

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ROSENTHAL, GOTTFRIED, KELLNER, GUNTHER, CASTRO,
  GABRYSZAK, BRONSON, MAISEL, SCARBOROUGH, HOOPER -- Multi-Sponsored  by
  --  M.  of  A.  ABINANTI,  BOYLAND, CERETTO, GLICK, LUPARDO, McKEVITT,
  THIELE -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation  to  witnesses  to  a
  health care proxy and to amend the penal law, in relation to the crime
  of forgery in the second degree

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

  Section 1. Paragraph (a) of subdivision  2  of  section  2981  of  the
public  health  law,  as  added  by  chapter 752 of the laws of 1990, is
amended to read as follows:
  (a) A competent adult may appoint a health care agent by a health care
proxy, signed and dated by the adult in the presence of [two] ONE  adult
[witnesses] WITNESS who shall also sign the proxy. HOWEVER, A PERSON WHO
RESIDES  IN  A  FACILITY  OPERATED  OR  LICENSED BY THE OFFICE OF MENTAL
HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  SHALL
SIGN  SUCH  PROXY  IN THE PRESENCE OF TWO ADULT WITNESSES WHO SHALL ALSO
SIGN THE PROXY.  Another person, WHO SHALL NOT BE A  WITNESS,  may  sign
and  date  the health care proxy for the adult if the adult is unable to
do so, at the adult's direction and in the adult's presence, and in  the
presence  of  [two  adult]  THE  WITNESS OR witnesses who shall sign the
proxy. The WITNESS OR witnesses shall state that the principal  appeared
to  execute  the  proxy  willingly  and  free  from  duress.  The person
appointed as agent shall not act as witness to execution of  the  health
care proxy.
  S  2.  Subdivision 1 of section 170.10 of the penal law, as amended by
chapter 949 of the laws of 1984, is amended to read as follows:
  1. A deed, will, codicil, contract, assignment, commercial instrument,
credit card, as that term is defined in  subdivision  seven  of  section

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.