NY State Assembly Bill 2015-A3461C

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2016	signed chap.98
Jul 13, 2016	delivered to governor
Jun 14, 2016	returned to assembly passed senate 3rd reading cal.1365 substituted for s5154c
Jun 08, 2016	referred to mental health and developmental disabilities delivered to senate passed assembly ordered to third reading rules cal.120 rules report cal.120
Jun 07, 2016	reported
Jun 06, 2016	reported referred to rules
May 24, 2016	reported referred to codes
May 17, 2016	print number 3461c
May 17, 2016	amend and recommit to judiciary
Jan 21, 2016	print number 3461b
Jan 21, 2016	amend (t) and recommit to judiciary
Jan 06, 2016	referred to judiciary
Jun 09, 2015	print number 3461a
Jun 09, 2015	amend (t) and recommit to judiciary
Jan 23, 2015	referred to judiciary

Votes

- Jun 14, 2016 - Floor Vote
  A3461C
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker

Bill Amendments

Original

C (Active)

co-Sponsors

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multi-Sponsors

2015-A3461 - Details

See Senate Version of this Bill:: S5154
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.16, Ment Hyg L

2015-A3461 - Summary

Provides for an appointment of a guardian for personal needs or property management; provides that the order of appointment shall identify the persons entitled to receive notice of the incapacitated person's death, funeral arrangements, receive notice of the incapacitated person's transfer to a medical facility and persons entitled to visit such person.

2015-A3461 - Bill Text download pdf

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

                                  3461

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the mental hygiene law and the civil  practice  law  and
  rules, in relation to guardianship duties and visitation claims

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

  Section 1. subdivision (a) of section 81.20 of the mental hygiene  law
is amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE  ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN SHALL INFORM THE  RELATIVES  OF  ANY  FUNERAL  ARRANGEMENTS  AND  THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S  2.  The article heading of article 12 of the civil practice law and
rules, as amended by chapter 115 of the laws of 1981, is amended to read
as follows:
                INFANTS, INCOMPETENTS [AND], CONSERVATEES
                             AND THE ELDERLY
S 3. The civil practice law and rules is amended by adding a new section
1212 to read as follows:
  S 1212. ELDERLY VISITATION CLAIMS. (A) PETITION TO THE SUPREME  COURT.
A  PETITION MAY BE BROUGHT FOR A VISITATION ORDER TO ENJOIN A RESPONDENT
FROM KEEPING A PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH THE PETI-
TIONER.
  (B) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  1. "ELDER" SHALL HAVE THE SAME MEANING AS PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED FOURTEEN OF THE ELDER LAW.
  2. "DEPENDENT ADULT" SHALL MEAN ANY PERSON BETWEEN THE AGES  OF  EIGH-
TEEN  AND SIXTY WHO RESIDES IN THIS STATE AND WHO HAS PHYSICAL OR MENTAL
LIMITATIONS THAT RESTRICT HIS OR HER ABILITY TO CARRY OUT NORMAL  ACTIV-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-01-5

A. 3461                             2

ITIES  OR  TO  PROTECT HIS OR HER RIGHTS, INCLUDING, BUT NOT LIMITED TO,
PERSONS WHO HAVE PHYSICAL OR DEVELOPMENTAL DISABILITIES, OR WHOSE  PHYS-
ICAL OR MENTAL ABILITIES HAVE DIMINISHED BECAUSE OF AGE.
  3. "ISOLATION" SHALL MEAN:
  (I)  ACTS  INTENTIONALLY  COMMITTED FOR THE PURPOSE OF PREVENTING, AND
THAT DO SERVE TO PREVENT, AN ELDER OR DEPENDENT ADULT FROM RECEIVING HIS
OR HER MAIL OR TELEPHONE CALLS.
  (II) TELLING A CALLER OR PROSPECTIVE VISITOR THAT AN ELDER OR  DEPEND-
ENT  ADULT  IS NOT PRESENT, OR DOES NOT WISH TO TALK WITH THE CALLER, OR
DOES NOT WISH TO MEET WITH THE VISITOR WHERE THE STATEMENT IS FALSE,  IS
CONTRARY  TO  THE  EXPRESS  WISHES  OF THE ELDER OR THE DEPENDENT ADULT,
WHETHER HE OR SHE IS COMPETENT OR NOT, AND IS MADE FOR  THE  PURPOSE  OF
PREVENTING THE ELDER OR DEPENDENT ADULT FROM HAVING CONTACT WITH FAMILY,
FRIENDS, OR CONCERNED PERSONS.
  (III)  PHYSICAL  RESTRAINT  OF  AN  ELDER  OR DEPENDENT ADULT, FOR THE
PURPOSE OF PREVENTING THE ELDER OR DEPENDENT  ADULT  FROM  MEETING  WITH
VISITORS.
  4."PETITIONER"  SHALL  MEAN  A  PERSON  WHO IS A RELATIVE IN THE FIRST
DEGREE OF THE PROPOSED VISITEE.
  5. "PROPOSED VISITEE" SHALL MEAN THE ELDER OR DEPENDENT ADULT, WHO  IS
UNDER  THE  CARE  OR  CUSTODY  OF THE RESPONDENT, TO BE PROTECTED BY THE
VISITATION ORDER AND, IF THE COURT GRANTS THE  PETITION,  THE  PROTECTED
PERSON.
  6.  "RESPONDENT"  SHALL MEAN THE PERSON WHO IS ALLEGED TO BE ISOLATING
THE PROPOSED VISITEE, AND IF THE PETITION  IS  GRANTED,  THE  RESTRAINED
PERSON.
  7.  "VISITATION"  SHALL  MEAN ANY IN-PERSON MEETING BETWEEN A PROPOSED
VISITEE AND THE PETITIONER.
  8. "VISITATION ORDER" SHALL MEAN AN ORDER ENJOINING A PARTY FROM KEEP-
ING THE PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH  THE  PETITIONER
THAT IS ISSUED BY A COURT AFTER NOTICE AND HEARING.
  (C)  ORDER.  1.  AN ORDER MAY BE ISSUED UNDER THIS SECTION TO RESTRAIN
THE RESPONDENT FOR THE PURPOSE OF PREVENTING A RECURRENCE  OF  ISOLATION
IF  THE  PETITIONER HAS SHOWN BY A PREPONDERANCE OF THE EVIDENCE, TO THE
SATISFACTION OF THE COURT, REASONABLE PROOF OF A PAST  ACT  OR  ACTS  OF
ISOLATION  OF THE PROPOSED VISITEE FROM CONTACT WITH THE PETITIONER, AND
UPON A SHOWING THAT THE PROPOSED VISITEE DESIRES CONTACT WITH THE  PETI-
TIONER OR THAT VISITATION IS IN THE BEST INTERESTS OF THE PROPOSED VISI-
TEE.
  2.  THE  ORDER MAY SPECIFY THE FREQUENCY, TIME, PLACE, AND LOCATION OF
VISITATION.
  3. IN DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN  THE  BEST
INTEREST OF THE PROPOSED VISITEE THE COURT MAY CONSIDER WHETHER THE BEST
INTEREST  OF  THE  PROPOSED  VISITEE REQUIRES THAT ANY VISITATION BY THE
PETITIONER BE LIMITED TO SITUATIONS IN WHICH A THIRD  PERSON,  SPECIFIED
BY  THE  COURT,  IS PRESENT, OR WHETHER VISITATION SHALL BE SUSPENDED OR
DENIED. THE PETITIONER, PROPOSED VISITEE, OR RESPONDENT  MAY  SUBMIT  TO
THE  COURT THE NAME OF A PERSON WHO MAY BE SUITABLE TO BE PRESENT DURING
VISITATION.
  4. IN DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN  THE  BEST
INTEREST  OF  THE  PROPOSED  VISITEE, THE COURT SHALL CONSIDER ANY PRIOR
PROTECTIVE ORDERS ISSUED AGAINST THE PETITIONER.
  5. THE COURT SHALL NOT ISSUE AN ORDER UNLESS THE PROPOSED VISITEE  HAS
EXPRESSED  A DESIRE FOR VISITATION. THE COURT MAY APPOINT A COURT INVES-
TIGATOR TO DETERMINE WHETHER THE PROPOSED VISITEE HAS EXPRESSED A DESIRE
FOR VISITATION.

A. 3461                             3

  6. THE COURT SHALL ISSUE AN ORDER ONLY  AFTER  NOTICE  AND  A  HEARING
UNDER  THIS  SECTION,  AND  THE  COURT SHALL NOT ISSUE AN EX PARTE ORDER
UNDER THIS SECTION.
  7.  IN THE DISCRETION OF THE COURT, AN ORDER ISSUED AFTER NOTICE AND A
HEARING UNDER THIS SECTION MAY HAVE A DURATION OF  NOT  MORE  THAN  FIVE
YEARS,  SUBJECT  TO  TERMINATION OR MODIFICATION BY FURTHER ORDER OF THE
COURT EITHER ON WRITTEN STIPULATION FILED  WITH  THE  COURT  OR  ON  THE
MOTION  OF  A  PARTY. THESE ORDERS MAY BE RENEWED, UPON THE REQUEST OF A
PARTY, EITHER FOR FIVE YEARS OR PERMANENTLY, WITHOUT A  SHOWING  OF  ANY
FURTHER  ISOLATION  SINCE THE ISSUANCE OF THE ORIGINAL ORDER, SUBJECT TO
TERMINATION OR MODIFICATION BY FURTHER ORDER  OF  THE  COURT  EITHER  ON
WRITTEN  STIPULATION  FILED  WITH THE COURT OR ON THE MOTION OF A PARTY.
THE REQUEST FOR RENEWAL MAY BE BROUGHT AT  ANY  TIME  WITHIN  THE  THREE
MONTHS  BEFORE  THE  EXPIRATION  OF THE ORDERS. THE FAILURE TO STATE THE
EXPIRATION DATE ON THE FACE OF THE FORM CREATES AN ORDER WITH A DURATION
OF THREE YEARS FROM THE DATE OF ISSUANCE.
  (D) REPRESENTATION/APPEARANCE. THE  COURT  MAY  REQUIRE  THE  PROPOSED
VISITEE, OR THE PROPOSED VISITEE'S ATTORNEY TO APPEAR AT THE HEARING. IF
THE  PROPOSED VISITEE DOES NOT HAVE AN ATTORNEY, THE COURT SHALL APPOINT
AN ATTORNEY TO REPRESENT THE PROPOSED VISITEE'S INTERESTS.
  (E) THE COURT SHALL SCHEDULE AN EVIDENTIARY HEARING WITHIN SIXTY  DAYS
FROM  THE DATE THAT THE PETITION IS FILED. THE COURT MAY GRANT A CONTIN-
UANCE OF THE HEARING FOR GOOD CAUSE.
  (F) THE RESPONDENT AND THE PROPOSED VISITEE SHALL EACH  BE  PERSONALLY
SERVED  WITH  A  COPY OF THE PETITION FOR VISITATION ORDER AND NOTICE OF
THE HEARING AT LAST TWENTY-ONE DAYS BEFORE THE HEARING DATE.
  (G) THE NOTICE OF THE HEARING SHALL NOTIFY THE  PROPOSED  VISITEE  AND
THE RESPONDENT THAT FOLLOWING THE HEARING, THE COURT MAY MAKE ORDERS NOT
TO  EXCEED  FIVE  YEARS FROM THE HEARING DATE. THE NOTICE OF THE HEARING
SHALL ALSO NOTIFY THE PROPOSED VISITEE WHETHER THE COURT  REQUIRES  THAT
THE  PROPOSED  VISITEE  APPEAR  AT  THE HEARING, AND HOW TO REQUEST THAT
COUNSEL BE APPOINTED IF THE PROPOSED VISITEE IS UNABLE TO  RETAIN  COUN-
SEL.
  (H)  THE  RESPONDENT  MAY  FILE  AND SERVE A RESPONSE THAT EXPLAINS OR
DENIES THE ALLEGED ISOLATION AT LEAST TEN DAYS BEFORE THE HEARING DATE.
  (I) THE COURT MAY, IN ITS DISCRETION, AWARD THE  PREVAILING  PARTY  IN
ANY  ACTION  BROUGHT UNDER THIS SECTION COURT COSTS AND ATTORNEY'S FEES,
IF ANY. IN NO EVENT, SHALL THE PROPOSED VISITEE BY REQUIRED TO  PAY  THE
COURT  COSTS OR ATTORNEY'S FEES OF EITHER THE PREVAILING OR NON-PREVAIL-
ING PARTY.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A3461A - Details

See Senate Version of this Bill:: S5154
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.16, Ment Hyg L

2015-A3461A - Summary

2015-A3461A - Bill Text download pdf

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

                                 3461--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced  by  M.  of  A. MAGNARELLI, RIVERA, STIRPE, CLARK, GOTTFRIED,
  ROBERTS, CRESPO, GALEF, ROBINSON -- Multi-Sponsored by  --  M.  of  A.
  GLICK, MAGEE, MARKEY, SIMON -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the mental hygiene law and the civil  practice  law  and
  rules,  in relation to enacting "Peter Falk's law" relating to guardi-
  anship duties and visitation claims

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

  Section  1.  This act shall be known and may be cited as "Peter Falk's
law".
  S 2. Subdivision (a) of section 81.20 of the  mental  hygiene  law  is
amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE  ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN SHALL INFORM THE  RELATIVES  OF  ANY  FUNERAL  ARRANGEMENTS  AND  THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S  3.  The article heading of article 12 of the civil practice law and
rules, as amended by chapter 115 of the laws of 1981, is amended to read
as follows:
                INFANTS, INCOMPETENTS [AND], CONSERVATEES
                             AND THE ELDERLY
  S 4. The civil practice law and rules  is  amended  by  adding  a  new
section 1212 to read as follows:
  S  1212. ELDERLY VISITATION CLAIMS. (A) PETITION TO THE SUPREME COURT.
A PETITION MAY BE BROUGHT FOR A VISITATION ORDER TO ENJOIN A  RESPONDENT
FROM KEEPING A PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH THE PETI-
TIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-05-5

A. 3461--A                          2

  (B) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  1. "ELDER" SHALL HAVE THE SAME MEANING AS PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED FOURTEEN OF THE ELDER LAW.
  2.  "DEPENDENT  ADULT" SHALL MEAN ANY PERSON BETWEEN THE AGES OF EIGH-
TEEN AND SIXTY WHO RESIDES IN THIS STATE AND WHO HAS PHYSICAL OR  MENTAL
LIMITATIONS  THAT RESTRICT HIS OR HER ABILITY TO CARRY OUT NORMAL ACTIV-
ITIES OR TO PROTECT HIS OR HER RIGHTS, INCLUDING, BUT  NOT  LIMITED  TO,
PERSONS  WHO HAVE PHYSICAL OR DEVELOPMENTAL DISABILITIES, OR WHOSE PHYS-
ICAL OR MENTAL ABILITIES HAVE DIMINISHED BECAUSE OF AGE.
  3. "ISOLATION" SHALL MEAN:
  (I) ACTS INTENTIONALLY COMMITTED FOR THE PURPOSE  OF  PREVENTING,  AND
THAT DO SERVE TO PREVENT, AN ELDER OR DEPENDENT ADULT FROM RECEIVING HIS
OR HER MAIL OR TELEPHONE CALLS.
  (II)  TELLING A CALLER OR PROSPECTIVE VISITOR THAT AN ELDER OR DEPEND-
ENT ADULT IS NOT PRESENT, OR DOES NOT WISH TO TALK WITH THE  CALLER,  OR
DOES  NOT WISH TO MEET WITH THE VISITOR WHERE THE STATEMENT IS FALSE, IS
CONTRARY TO THE EXPRESS WISHES OF THE  ELDER  OR  THE  DEPENDENT  ADULT,
WHETHER  HE  OR  SHE IS COMPETENT OR NOT, AND IS MADE FOR THE PURPOSE OF
PREVENTING THE ELDER OR DEPENDENT ADULT FROM HAVING CONTACT WITH FAMILY,
FRIENDS, OR CONCERNED PERSONS.
  (III) PHYSICAL RESTRAINT OF AN  ELDER  OR  DEPENDENT  ADULT,  FOR  THE
PURPOSE  OF  PREVENTING  THE  ELDER OR DEPENDENT ADULT FROM MEETING WITH
VISITORS.
  4."PETITIONER" SHALL MEAN A PERSON WHO IS  A  RELATIVE  IN  THE  FIRST
DEGREE OF THE PROPOSED VISITEE.
  5.  "PROPOSED VISITEE" SHALL MEAN THE ELDER OR DEPENDENT ADULT, WHO IS
UNDER THE CARE OR CUSTODY OF THE RESPONDENT,  TO  BE  PROTECTED  BY  THE
VISITATION  ORDER  AND,  IF THE COURT GRANTS THE PETITION, THE PROTECTED
PERSON.
  6. "RESPONDENT" SHALL MEAN THE PERSON WHO IS ALLEGED TO  BE  ISOLATING
THE  PROPOSED  VISITEE,  AND  IF THE PETITION IS GRANTED, THE RESTRAINED
PERSON.
  7. "VISITATION" SHALL MEAN ANY IN-PERSON MEETING  BETWEEN  A  PROPOSED
VISITEE AND THE PETITIONER.
  8. "VISITATION ORDER" SHALL MEAN AN ORDER ENJOINING A PARTY FROM KEEP-
ING  THE  PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH THE PETITIONER
THAT IS ISSUED BY A COURT AFTER NOTICE AND HEARING.
  (C) ORDER. 1. AN ORDER MAY BE ISSUED UNDER THIS  SECTION  TO  RESTRAIN
THE  RESPONDENT  FOR THE PURPOSE OF PREVENTING A RECURRENCE OF ISOLATION
IF THE PETITIONER HAS SHOWN BY A PREPONDERANCE OF THE EVIDENCE,  TO  THE
SATISFACTION  OF  THE  COURT,  REASONABLE PROOF OF A PAST ACT OR ACTS OF
ISOLATION OF THE PROPOSED VISITEE FROM CONTACT WITH THE PETITIONER,  AND
UPON  A SHOWING THAT THE PROPOSED VISITEE DESIRES CONTACT WITH THE PETI-
TIONER OR THAT VISITATION IS IN THE BEST INTERESTS OF THE PROPOSED VISI-
TEE.
  2. THE ORDER MAY SPECIFY THE FREQUENCY, TIME, PLACE, AND  LOCATION  OF
VISITATION.
  3.  IN  DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN THE BEST
INTEREST OF THE PROPOSED VISITEE THE COURT MAY CONSIDER WHETHER THE BEST
INTEREST OF THE PROPOSED VISITEE REQUIRES THAT  ANY  VISITATION  BY  THE
PETITIONER  BE  LIMITED TO SITUATIONS IN WHICH A THIRD PERSON, SPECIFIED
BY THE COURT, IS PRESENT, OR WHETHER VISITATION SHALL  BE  SUSPENDED  OR
DENIED.  THE  PETITIONER,  PROPOSED VISITEE, OR RESPONDENT MAY SUBMIT TO
THE COURT THE NAME OF A PERSON WHO MAY BE SUITABLE TO BE PRESENT  DURING
VISITATION.

A. 3461--A                          3

  4.  IN  DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN THE BEST
INTEREST OF THE PROPOSED VISITEE, THE COURT  SHALL  CONSIDER  ANY  PRIOR
PROTECTIVE ORDERS ISSUED AGAINST THE PETITIONER.
  5.  THE COURT SHALL NOT ISSUE AN ORDER UNLESS THE PROPOSED VISITEE HAS
EXPRESSED A DESIRE FOR VISITATION. THE COURT MAY APPOINT A COURT  INVES-
TIGATOR TO DETERMINE WHETHER THE PROPOSED VISITEE HAS EXPRESSED A DESIRE
FOR VISITATION.
  6.  THE  COURT  SHALL  ISSUE  AN ORDER ONLY AFTER NOTICE AND A HEARING
UNDER THIS SECTION, AND THE COURT SHALL NOT  ISSUE  AN  EX  PARTE  ORDER
UNDER THIS SECTION.
  7.  IN THE DISCRETION OF THE COURT, AN ORDER ISSUED AFTER NOTICE AND A
HEARING UNDER THIS SECTION MAY HAVE A DURATION OF  NOT  MORE  THAN  FIVE
YEARS,  SUBJECT  TO  TERMINATION OR MODIFICATION BY FURTHER ORDER OF THE
COURT EITHER ON WRITTEN STIPULATION FILED  WITH  THE  COURT  OR  ON  THE
MOTION  OF  A  PARTY. THESE ORDERS MAY BE RENEWED, UPON THE REQUEST OF A
PARTY, EITHER FOR FIVE YEARS OR PERMANENTLY, WITHOUT A  SHOWING  OF  ANY
FURTHER  ISOLATION  SINCE THE ISSUANCE OF THE ORIGINAL ORDER, SUBJECT TO
TERMINATION OR MODIFICATION BY FURTHER ORDER  OF  THE  COURT  EITHER  ON
WRITTEN  STIPULATION  FILED  WITH THE COURT OR ON THE MOTION OF A PARTY.
THE REQUEST FOR RENEWAL MAY BE BROUGHT AT  ANY  TIME  WITHIN  THE  THREE
MONTHS  BEFORE  THE  EXPIRATION  OF THE ORDERS. THE FAILURE TO STATE THE
EXPIRATION DATE ON THE FACE OF THE FORM CREATES AN ORDER WITH A DURATION
OF THREE YEARS FROM THE DATE OF ISSUANCE.
  (D) REPRESENTATION/APPEARANCE. THE  COURT  MAY  REQUIRE  THE  PROPOSED
VISITEE, OR THE PROPOSED VISITEE'S ATTORNEY TO APPEAR AT THE HEARING. IF
THE  PROPOSED VISITEE DOES NOT HAVE AN ATTORNEY, THE COURT SHALL APPOINT
AN ATTORNEY TO REPRESENT THE PROPOSED VISITEE'S INTERESTS.
  (E) THE COURT SHALL SCHEDULE AN EVIDENTIARY HEARING WITHIN SIXTY  DAYS
FROM  THE DATE THAT THE PETITION IS FILED. THE COURT MAY GRANT A CONTIN-
UANCE OF THE HEARING FOR GOOD CAUSE.
  (F) THE RESPONDENT AND THE PROPOSED VISITEE SHALL EACH  BE  PERSONALLY
SERVED  WITH  A  COPY OF THE PETITION FOR VISITATION ORDER AND NOTICE OF
THE HEARING AT LAST TWENTY-ONE DAYS BEFORE THE HEARING DATE.
  (G) THE NOTICE OF THE HEARING SHALL NOTIFY THE  PROPOSED  VISITEE  AND
THE RESPONDENT THAT FOLLOWING THE HEARING, THE COURT MAY MAKE ORDERS NOT
TO  EXCEED  FIVE  YEARS FROM THE HEARING DATE. THE NOTICE OF THE HEARING
SHALL ALSO NOTIFY THE PROPOSED VISITEE WHETHER THE COURT  REQUIRES  THAT
THE  PROPOSED  VISITEE  APPEAR  AT  THE HEARING, AND HOW TO REQUEST THAT
COUNSEL BE APPOINTED IF THE PROPOSED VISITEE IS UNABLE TO  RETAIN  COUN-
SEL.
  (H)  THE  RESPONDENT  MAY  FILE  AND SERVE A RESPONSE THAT EXPLAINS OR
DENIES THE ALLEGED ISOLATION AT LEAST TEN DAYS BEFORE THE HEARING DATE.
  (I) THE COURT MAY, IN ITS DISCRETION, AWARD THE  PREVAILING  PARTY  IN
ANY  ACTION  BROUGHT UNDER THIS SECTION COURT COSTS AND ATTORNEY'S FEES,
IF ANY. IN NO EVENT, SHALL THE PROPOSED VISITEE BY REQUIRED TO  PAY  THE
COURT  COSTS OR ATTORNEY'S FEES OF EITHER THE PREVAILING OR NON-PREVAIL-
ING PARTY.
  S 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A3461B - Details

See Senate Version of this Bill:: S5154
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.16, Ment Hyg L

2015-A3461B - Summary

2015-A3461B - Bill Text download pdf

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

                                 3461--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced  by  M.  of  A. MAGNARELLI, RIVERA, STIRPE, CLARK, GOTTFRIED,
  CRESPO, GALEF, ROBINSON, FAHY -- Multi-Sponsored by -- M. of A. GLICK,
  MAGEE, MARKEY, SIMON -- read once and referred  to  the  Committee  on
  Judiciary  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the mental hygiene law, in relation to enacting "Peter
  Falk's law" relating to guardianship duties

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

  Section  1.  This act shall be known and may be cited as "Peter Falk's
law".
  S 2. Subdivision (a) of section 81.20 of the  mental  hygiene  law  is
amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE  ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN SHALL INFORM THE  RELATIVES  OF  ANY  FUNERAL  ARRANGEMENTS  AND  THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-06-6

co-Sponsors

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2015-A3461C (ACTIVE) - Details

See Senate Version of this Bill:: S5154
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.16, Ment Hyg L

2015-A3461C (ACTIVE) - Summary

2015-A3461C (ACTIVE) - Bill Text download pdf

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

                                 3461--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced  by  M.  of A. MAGNARELLI, RIVERA, STIRPE, GOTTFRIED, CRESPO,
  GALEF, ROBINSON, FAHY -- Multi-Sponsored by -- M. of A. GLICK,  MAGEE,
  MARKEY,  SIMON,  STECK  --  read once and referred to the Committee on
  Judiciary -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Judiciary in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT to amend the mental hygiene law, in relation to  enacting  "Peter
  Falk's law" relating to guardianship duties

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

  Section 1. This act shall be known and may be cited as  "Peter  Falk's
law".
  S  2.  Subdivision  (c)  of section 81.16 of the mental hygiene law is
amended by adding three new paragraphs 4, 5 and 6 to read as follows:
  4. THE ORDER OF APPOINTMENT SHALL IDENTIFY  THE  PERSONS  ENTITLED  TO
RECEIVE  NOTICE OF THE INCAPACITATED PERSON'S DEATH, THE INTENDED DISPO-
SITION OF THE REMAINS OF THE DECEDENT, FUNERAL  ARRANGEMENTS  AND  FINAL
RESTING PLACE WHEN THAT INFORMATION IS KNOWN OR CAN BE REASONABLY ASCER-
TAINED BY THE GUARDIAN.
  5.  THE  ORDER OF APPOINTMENT MAY IDENTIFY THE PERSON OR PERSONS ENTI-
TLED TO NOTICE OF THE  INCAPACITATED  PERSON'S  TRANSFER  TO  A  MEDICAL
FACILITY.
  6. THE ORDER OF APPOINTMENT MAY IDENTIFY THE PERSONS ENTITLED TO VISIT
THE INCAPACITATED PERSON, IF THEY SO CHOOSE. HOWEVER, THE IDENTIFICATION
OF  SUCH PERSONS IN THE ORDER SHALL IN NO WAY LIMIT THE PERSONS ENTITLED
TO VISIT THE INCAPACITATED PERSON.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-08-6

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Assembly Bill A3461C

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 14, 2016 - Floor Vote

Floor Vote: Jun 14, 2016

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A3461 - Details

2015-A3461 - Summary

2015-A3461 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A3461A - Details

2015-A3461A - Summary

2015-A3461A - Bill Text download pdf

co-Sponsors

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2015-A3461B - Details

2015-A3461B - Summary

2015-A3461B - Bill Text download pdf

co-Sponsors

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2015-A3461C (ACTIVE) - Details

2015-A3461C (ACTIVE) - Summary

2015-A3461C (ACTIVE) - Bill Text download pdf

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Assembly Bill A3461C

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Sponsored By

MAGNARELLI

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Jose Rivera

Albert A. Stirpe

Barbara Clark

Richard Gottfried

multi-Sponsors

Deborah Glick

William Magee

Margaret Markey

Jo Anne Simon

2015-A3461 - Details

2015-A3461 - Summary

2015-A3461 - Bill Text download pdf

co-Sponsors

Jose Rivera

Albert A. Stirpe

Barbara Clark

Richard Gottfried

multi-Sponsors

Deborah Glick

William Magee

Margaret Markey

Jo Anne Simon

2015-A3461A - Details

2015-A3461A - Summary

2015-A3461A - Bill Text download pdf

co-Sponsors

Jose Rivera

Albert A. Stirpe

Richard Gottfried

Marcos Crespo

multi-Sponsors

Deborah Glick

William Magee

Margaret Markey

Jo Anne Simon

2015-A3461B - Details

2015-A3461B - Summary

2015-A3461B - Bill Text download pdf

co-Sponsors

Jose Rivera

Albert A. Stirpe

Richard Gottfried

Marcos Crespo

multi-Sponsors

Deborah Glick

William Magee

Margaret Markey

Jo Anne Simon

2015-A3461C (ACTIVE) - Details

2015-A3461C (ACTIVE) - Summary

2015-A3461C (ACTIVE) - Bill Text download pdf

Comments