senate Bill S7232A

Signed By Governor
2013-2014 Legislative Session

Relates to investigations to ensure the safety and rights of an individual with a disability or a vulnerable person

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.394
Sep 11, 2014 delivered to governor
Jun 18, 2014 returned to senate
passed assembly
ordered to third reading rules cal.410
substituted for a9605a
referred to codes
delivered to assembly
passed senate
Jun 11, 2014 amended on third reading 7232a
May 29, 2014 advanced to third reading
May 28, 2014 2nd report cal.
May 21, 2014 1st report cal.916
May 07, 2014 referred to mental health and developmental disabilities

Votes

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May 21, 2014 - Mental Health and Developmental Disabilities committee Vote

S7232
7
0
committee
7
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 21, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

S7232 - Details

See Assembly Version of this Bill:
A9605A
Law Section:
Executive Law
Laws Affected:
Amd §553, Exec L

S7232 - Summary

Relates to investigations by observing critical protocols and procedures to ensure the safety and rights of an individual with a disability or a vulnerable person; establishes such protocols and procedures be developed by the justice center and the relevant advisory council and appropriate state agency; requires such protocols and procedures be developed by 1/1/2015 and be submitted to the legislature and implemented by 3/1/2015.

S7232 - Sponsor Memo

S7232 - Bill Text download pdf

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

                                  7232

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the executive law, in relation to  ensuring  the  safety
  and rights of an individual with a disability or a vulnerable person

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

  Section 1. Section 553 of the executive law is amended by adding a new
subdivision 28 to read as follows:
  28. TO CARRY OUT INVESTIGATIONS BY OBSERVING  CRITICAL  PROTOCOLS  AND
PROCEDURES TO ENSURE THE SAFETY AND RIGHTS OF AN INDIVIDUAL WITH A DISA-
BILITY  OR  A  VULNERABLE PERSON. SUCH PROTOCOLS AND PROCEDURES SHALL BE
DEVELOPED BY THE JUSTICE CENTER IN CONSULTATION WITH THE ADVISORY  COUN-
CIL ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED SIXTY-ONE OF THIS ARTI-
CLE AND THE APPROPRIATE STATE AGENCY AND SHALL INCLUDE:
  (A)  IN  THE  EVENT  THAT IT IS NECESSARY TO OBTAIN INFORMATION IN THE
COURSE OF AN INVESTIGATION FROM AN INDIVIDUAL WITH  A  DISABILITY  OR  A
VULNERABLE  PERSON,  PROTOCOLS  AND  PROCEDURES SHALL BE ESTABLISHED FOR
ASCERTAINING WHETHER OR NOT INTERVIEWING OR INTERROGATING SUCH PERSON IS
CLINICALLY CONTRAINDICATED PRIOR  TO  SUCH  INTERVIEW  OR  INTERROGATION
TAKING PLACE.
  (I)  IN  THE  EVENT  THAT  AN INTERVIEW OR INTERROGATION IS CLINICALLY
CONTRAINDICATED, THE INDIVIDUAL WITH A DISABILITY OR  VULNERABLE  PERSON
SHALL BE EXEMPT FROM SUCH INTERVIEW OR INTERROGATION.
  (II)  FOR  THOSE  INDIVIDUALS  WITH A DISABILITY OR VULNERABLE PERSONS
SUBJECT TO AN INTERVIEW  OR  INTERROGATION,  THE  JUSTICE  CENTER  SHALL
DEVELOP  PROCEDURES AND PROTOCOLS TO ENSURE THAT ANY INTERVIEW OR INTER-
ROGATION IS CONDUCTED SAFELY IN LIGHT OF ALL RELEVANT  CLINICAL,  BEHAV-
IORAL  AND  OTHER  FACTS RELATING TO THE INDIVIDUAL'S DISABILITY, SAFETY
AND WELLBEING.
  (B) PROCEDURES TO ASCERTAIN WHETHER AN INDIVIDUAL WITH A DISABILITY OR
A VULNERABLE PERSON HAS THE LEGAL CAPACITY TO UNDERSTAND QUESTIONS POSED
TO HIM OR HER DURING AN INTERVIEW  OR  INTERROGATION  AND  WHETHER  SUCH
INDIVIDUAL  HAS  THE  LEGAL CAPACITY TO UNDERSTAND WHAT RIGHTS HE OR SHE

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

Co-Sponsors

S7232A (ACTIVE) - Details

See Assembly Version of this Bill:
A9605A
Law Section:
Executive Law
Laws Affected:
Amd §553, Exec L

S7232A (ACTIVE) - Summary

Relates to investigations by observing critical protocols and procedures to ensure the safety and rights of an individual with a disability or a vulnerable person; establishes such protocols and procedures be developed by the justice center and the relevant advisory council and appropriate state agency; requires such protocols and procedures be developed by 1/1/2015 and be submitted to the legislature and implemented by 3/1/2015.

S7232A (ACTIVE) - Sponsor Memo

S7232A (ACTIVE) - Bill Text download pdf

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

                                 7232--A
    Cal. No. 916

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the executive law, in relation to ensuring the safety
  and rights of an individual with a disability or a vulnerable person

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

  Section 1. Section 553 of the executive law is amended by adding a new
subdivision 28 to read as follows:
  28.  TO  CARRY  OUT INVESTIGATIONS BY OBSERVING CRITICAL PROTOCOLS AND
PROCEDURES TO ENSURE THE SAFETY OF A VULNERABLE  PERSON  OR  PERSONS  IN
LIGHT  OF  THEIR  CLINICAL, PERSONAL CONSIDERATIONS AND THE NEED FOR THE
TIMELY COMPLETION OF AN  EFFECTIVE  INVESTIGATION.  SUCH  PROTOCOLS  AND
PROCEDURES SHALL BE DEVELOPED BY THE JUSTICE CENTER IN CONSULTATION WITH
THE  ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  SECTION  FIVE HUNDRED
SIXTY-ONE OF THIS ARTICLE AND THE APPROPRIATE STATE AGENCY.    PROTOCOLS
AND  PROCEDURES  DEVELOPED JOINTLY BY THE DIRECTOR OF THE JUSTICE CENTER
AND THE RESPECTIVE STATE OVERSIGHT AGENCY SHALL BE CONSIDERED FINAL UPON
AGREEMENT BETWEEN THE DIRECTOR AND ANY SUCH COMMISSIONER AND  SHALL  NOT
DEPEND  ON  A FINAL AGREEMENT BETWEEN THE DIRECTOR OF THE JUSTICE CENTER
AND ALL AFFECTED AGENCY COMMISSIONERS.   SUCH PROTOCOLS  AND  PROCEDURES
SHALL INCLUDE:
  (A)  IN  THE  EVENT  THAT IT IS NECESSARY TO OBTAIN INFORMATION IN THE
COURSE OF AN INVESTIGATION  FROM  A  VULNERABLE  PERSON,  PROTOCOLS  AND
PROCEDURES  SHALL  BE ESTABLISHED FOR ASCERTAINING WHETHER OR NOT INTER-
VIEWING SUCH PERSON IS CLINICALLY CONTRAINDICATED PRIOR TO  SUCH  INTER-
VIEW  TAKING  PLACE.   NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO
REQUIRE A FORMAL CLINICAL ASSESSMENT PRIOR TO INTERVIEWING A  VULNERABLE
PERSON.
  (I)  FOR THOSE VULNERABLE PERSONS SUBJECT TO AN INTERVIEW, THE JUSTICE
CENTER SHALL DEVELOP APPROPRIATE PROCEDURES AND PROTOCOLS TO ENSURE THAT
ANY INTERVIEW IS CONDUCTED SAFELY AND IN A TIMELY FASHION  IN  LIGHT  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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