Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 23, 2013 |
signed chap.437 |
Oct 11, 2013 |
delivered to governor |
Jun 18, 2013 |
returned to assembly passed senate 3rd reading cal.1454 substituted for s5426a |
Jun 18, 2013 |
substituted by a5008b ordered to third reading cal.1454 committee discharged and committed to rules |
May 31, 2013 |
print number 5426a |
May 31, 2013 |
amend and recommit to codes |
May 16, 2013 |
referred to codes |
Senate Bill S5426A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status Via A5008 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S5426 - Details
- See Assembly Version of this Bill:
- A5008
- Law Section:
- Penal Law
- Laws Affected:
- Amd §70.20, Pen L; add §505, Cor L
2013-S5426 - Sponsor Memo
BILL NUMBER:S5426 TITLE OF BILL: An act to amend the penal law and the correction law, in relation to authorizing local correctional facilities to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed PURPOSE OR GENERAL IDEA OF BILL: To allow inmates under the age of eighteen who nave received a definite sentence to consent to routine medical services when there is an absence of a consenting parent or guardian. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subdivision 2 of section 70.20 of the penal law and directs the court to inquire whether the parents or legal guardian, if present, consent to routine medical services when committing a defendant who is under the age of eighteen. This bill also allows inmates under the age of eighteen who have not received consent from a parent or legal guardian and are committed to a county or regional corrections institution for a definite sentence the ability to consent to routine medical, dental, and mental health services. This amendment to subdivision 2 of section 70.20 of the penal law does not preclude a parent or legal guardian of an inmate from objecting to routine medical treatment but does not require that
2013-S5426 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5426 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the correction law, in relation to authorizing local correctional facilities to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 70.20 of the penal law, as amended by section 124 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. (A) Definite sentence. Except as provided in subdivision four of this section, when a definite sentence of imprisonment is imposed, the court shall commit the defendant to the county or regional correctional institution for the term of his sentence and until released in accord- ance with the law. (B) THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS OF AGE TO THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE AS TO WHETHER THE PARENTS OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT, WILL GRANT TO THE MINOR THE CAPACITY TO CONSENT TO ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT. S 2. Section 140 of the correction law is amended by adding three new subdivisions 5, 6 and 7 to read as follows: 5. NOTWITHSTANDING PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 70.20 OF THE PENAL LAW, WHERE THE COURT COMMITS A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS OF AGE TO THE CUSTODY OF THE LOCAL CORRECTIONAL FACILITY IN ACCORDANCE WITH SECTION 70.02 OF THE PENAL LAW OR AS A PRETRIAL DETAINEE AND NO MEDICAL CONSENT HAS BEEN OBTAINED PRIOR TO SAID COMMIT- MENT, THE COMMITMENT ORDER SHALL BE DEEMED TO GRANT THE CAPACITY TO CONSENT TO ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREAT- MENT TO THE PERSON SO COMMITTED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11103-01-3
2013-S5426A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5008
- Law Section:
- Penal Law
- Laws Affected:
- Amd §70.20, Pen L; add §505, Cor L
2013-S5426A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5426A TITLE OF BILL: An act to amend the penal law and the correction law, in relation to authorizing local correctional facilities to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed PURPOSE: To allow inmates under the age of eighteen who have been committed to a regional or county correctional institution to consent to routine medical services when there is an absence of a consenting parent or guardian. SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision 2 of section 70.20 of the penal law and directs the court to inquire whether the parents or legal guardian, if present, consent to routine medical services when committing a defendant who is under the age of eighteen. This bill also allows inmates under the age of eighteen who have not received consent from a parent or legal guardian and are committed to a local correctional facility the ability to consent to routine medical, dental, and mental health services. This amendment to subdivision 2 of section 70.20 of the penal law does not preclude parent or legal guardian of an inmate from objecting to routine medical treatment but does not require that a parent or guardian consent when the consent is
2013-S5426A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5426--A 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law and the correction law, in relation to authorizing local correctional facilities to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 70.20 of the penal law, as amended by section 124 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. (A) Definite sentence. Except as provided in subdivision four of this section, when a definite sentence of imprisonment is imposed, the court shall commit the defendant to the county or regional correctional institution for the term of his sentence and until released in accord- ance with the law. (B) THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS OF AGE TO THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE AS TO WHETHER THE PARENTS OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT, WILL GRANT TO THE MINOR THE CAPACITY TO CONSENT TO ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT. (C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A PARENT OR LEGAL GUAR- DIAN OF AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE FROM MAKING A MOTION ON NOTICE TO THE LOCAL CORRECTION FACILITY PURSUANT TO ARTICLE TWENTY-TWO OF THE CIVIL PRACTICE LAW AND RULES AND SECTION ONE HUNDRED FORTY OF THE CORRECTION LAW, OBJECTING TO ROUTINE MEDICAL, DENTAL OR MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO SUCH INMATE UNDER THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11103-02-3
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