|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2013||recommit, enacting clause stricken|
|Feb 27, 2013||referred to social services|
senate Bill S3940
Archive: Last Bill Status - Stricken
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3940 - Details
S3940 - 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.
S3940 - Sponsor Memo
BILL NUMBER:S3940 TITLE OF BILL: An act to amend the social services law, in relation to mandatory reporting of abuse of mentally or physically incapacitated persons PURPOSE: This bill establishes mandatory reporting requirements for mentally or physically incapacitated persons. Elder abuse is a crime that often goes unnoticed and therefore unpunished. This bill affords the same protections to mentally or physically incapacitated adults that the law currently affords minors in the state of New York concerning mandatory reporting requirements. SUMMARY OF PROVISIONS: Section 1: The social services law is amended adding a new article 9-C. §473-m: sets the legislative findings and purpose. § 473-n: defines the following terms 1) "abuse" means the willful infliction of injury, unreasonable confinement, verbal or mental intimidation or punishment resulting in physical harm, pain, mental anguish or financial exploitation. 2) "person" means an individual, over 18 years old, who is mentally or physically incapacitated to such a degree as to be unable to defend himself or herself physically or
S3940 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3940 2013-2014 Regular Sessions I N S E N A T E February 27, 2013 ___________ Introduced by Sen. O'BRIEN -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services 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 PROPER AUTHORITIES SO THAT THE VICTIMS CAN RECEIVE PROPER PROTECTION FROM FURTHER ABUSE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07011-01-3
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