NY State Senate Bill 2015-S1124

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	reported and committed to finance
Jan 06, 2016	referred to mental health and developmental disabilities
May 13, 2015	reported and committed to finance
Jan 08, 2015	referred to mental health and developmental disabilities

Votes

- Apr 11, 2016 - Committee Vote
  S1124
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 11, 2016
      
      aye (9)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Ortt
      
      Rivera
      
      Serrano
      
      Seward
      
      aye wr (2)
      
      Murphy
      
      Serino
  May 13, 2015 - Committee Vote
  S1124
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 13, 2015
      
      aye (8)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Ortt
      
      Rivera
      
      Serino
      
      Serrano
      
      Seward
      
      aye wr (3)
      
      Hannon
      
      Krueger
      
      Murphy

co-Sponsors

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

                                BILL NUMBER:S1124

TITLE OF BILL:

An act to amend the executive law, in relation to ensuring the rights
of an individual with a disability or a vulnerable adult during
investigations conducted by the justice center

PURPOSE:

This bill amends subdivision 28 of section 553 of the executive law,
providing a right to counsel, either through mental hygiene legal
service, or private financing, for individuals who are recipients of
OMH or OPWDD services, and are interviewed as part of a Justice Center
investigation. It also requires notice to the parent, person in
parental relation or legal guardian, if any, of the person to be
interviewed.

SUMMARY OF PROVISIONS:

Section 1 of the bill provides that individuals who are the recipients
of services through OMH or OPWDD licensed or operated services or
facilities, have a right to counsel when interviewed by, or on behalf
of, the justice center for the protection of people with special
needs. It also provides for notice to the parent, person in parental
relation or legal guardian, if any of the person to be interviewed,

prior to the interview being conducted.

Section 2 is the effective date

JUSTIFICATION:

In pursuit of its mission, the Justice Center has been provided
substantial law enforcement and investigatory power. Recognizing that
numerous investigations involve people who are the recipients of
services, many of whom are vulnerable or underage and therefore may
the lack capacity to protect their own rights, it is imperative that
measures be taken to protect their legal rights in the investigation
process.

LEGISLATIVE HISTORY:

Same as S7671-A of 2014

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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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Senate Bill S1124

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Sponsored By

David Carlucci