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 |
Senate Bill S7232A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - 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-S7232 - Details
- See Assembly Version of this Bill:
- A9605
- Law Section:
- Executive Law
- Laws Affected:
- Amd §553, Exec L
2013-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.
2013-S7232 - Sponsor Memo
BILL NUMBER:S7232 TITLE OF BILL: 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 PURPOSE: This bill amends Executive Law to require development and implementation of protocols and procedures which the Justice Center for People with Special Needs shall adopt to protect the health and safety of consumers of services in the event that it is necessary to obtain information from them for purposes of conducting an investigation. SUMMARY OF PROVISIONS: This bill would require that the Justice Center, in consultation with the appropriate state agency 1) develop protocols and procedures to determined under what circumstances obtaining information from an individual with a disability is clinically contraindicated and to develop safeguards to ensure that the individual's safety and well being are protected in light of clinically relevant information; 2) develop procedures to determine if the individual has the legal capacity to understand his or her rights and/or questions being asked of him or her, inform the individual of their rights, develop
2013-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
(D) Senate District
2013-S7232A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9605
- Law Section:
- Executive Law
- Laws Affected:
- Amd §553, Exec L
2013-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.
2013-S7232A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7232A TITLE OF BILL: 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 PURPOSE: This bill amends Executive Law to require development and implementation of protocols and procedures which the Justice Center for People with Special Needs shall adopt to protect the health and safety of consumers of services in the event that it is necessary to obtain information from them for purposes of conducting an investigation SUMMARY OF PROVISIONS: This bill would require that the Justice Center, in consultation with the appropriate state agency 1) develop protocols and procedures to determine under what circumstances obtaining information from an individual with a disability is clinically contraindicated and to develop safeguards to ensure that the individual's safety and well being are protected in light of clinically relevant information; 2) develop procedures to determine if the individual has the legal capacity to understand the interview process and/or questions being asked of him or her, inform the individual of what to expect during an
2013-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
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.