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Senate Bill S1124

2015-2016 Legislative Session

Relates to ensuring the rights of an individual with a disability or a vulnerable adult during investigations conducted by the justice center

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2015-S1124 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §553, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S1076

2015-S1124 (ACTIVE) - Summary

Ensures the rights of an individual with a disability or a vulnerable adult during investigations conducted by the justice center.

2015-S1124 (ACTIVE) - Sponsor Memo

2015-S1124 (ACTIVE) - Bill Text download pdf 

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

                                  1124

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sens. CARLUCCI, AVELLA, DILAN, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Mental Health and Developmental Disabilities

AN ACT to amend the executive law, in relation to ensuring the rights of
  an  individual with a disability or a vulnerable adult during investi-
  gations conducted by the justice center

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

  Section  1.  Subparagraph  (i)  of  paragraph (a) of subdivision 28 of
section 553 of the executive law, as added by chapter 394 of the laws of
2014, is amended to read as follows:
  (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
relevant clinical, behavioral and other facts relating to  the  individ-
ual's  disability,  safety  and wellbeing. Such protocols and procedures
shall also recognize THE RIGHT OF A VULNERABLE PERSON TO BE  REPRESENTED
BY  THE  MENTAL HYGIENE LEGAL SERVICE, OR PRIVATELY FINANCED COUNSEL, AT
ALL STAGES OF THE PROCEEDINGS, AND any ability the vulnerable person may
have to advocate on his or her own behalf by  providing  information  to
facilitate an investigation to enhance his or her own safety and wellbe-
ing and the safety and wellbeing of others.
  S  2. Subparagraph (iii) of paragraph (b) of subdivision 28 of section
553 of the executive law, as added by chapter 394 of the laws  of  2014,
is amended to read as follows:
  (iii)  Appropriate  notification[,  when  at  all  advisable given the
nature of an investigation] SHALL BE GIVEN to a personal  representative
that  a vulnerable person shall be questioned or subject to an interview
and to enable such personal representative to  provide  any  information
which they believe is necessary to protect the individual;
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05256-01-5

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