senate Bill S3940

2013-2014 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 - Stricken


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2013 recommit, enacting clause stricken
Feb 27, 2013 referred to social services

Co-Sponsors

S3940 - Details

See Assembly Version of this Bill:
A3131
Law Section:
Social Services Law
Laws Affected:
Add Art 9-C §§473-m - 473-u, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5451A, A4301A
2009-2010: S527, A7317

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

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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