Senate Bill S2090

2015-2016 Legislative Session

Provides for disclosure of sexual offender information related to a patient or client

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Archive: Last Bill Status - Stricken


  • 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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2015-S2090 (ACTIVE) - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§33.13, 29.16 & 29.17, Ment Hyg L; amd §§168-a, 168-b & 168-d, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4176
2011-2012: S2593
2013-2014: S1691

2015-S2090 (ACTIVE) - Summary

Provides for disclosure of sexual offender information related to a patient or client.

2015-S2090 (ACTIVE) - Sponsor Memo

2015-S2090 (ACTIVE) - Bill Text download pdf

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

                                  2090

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- 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 mental hygiene law, in  relation  to  disclosure  of
  sexual  offender  information  related  to a patient or client, and to
  amend the correction law, in relation to inclusion of certain  persons
  within  the  provisions  of the sex offender registration act who have
  had pleas accepted, or who have had verdicts entered with  respect  to
  them, of not responsible by reason of mental disease or defect

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

  Section 1. Paragraph 9 of subdivision (c)  of  section  33.13  of  the
mental  hygiene law is amended by adding a new subparagraph (ix) to read
as follows:
  (IX) APPROPRIATE PERSONS AND ENTITIES PURSUANT TO ARTICLE SIX-C OF THE
CORRECTION LAW, WHEN DISCLOSURE IS LIMITED TO SEXUAL OFFENDER  REGISTRA-
TION INFORMATION NECESSARY TO ENSURE THE WELFARE AND SAFETY OF OTHERS.
  S 2. Subdivision 1 of section 168-a of the correction law, as added by
chapter 192 of the laws of 1995, is amended to read as follows:
  1.  "Sex  offender" includes any person who is convicted of any of the
offenses set  forth  in  subdivision  two  or  three  of  this  section.
Convictions  that  result  from  or  are connected with the same act, or
result from offenses committed at the same time, shall  be  counted  for
the  purpose of this article as one conviction. Any conviction set aside
pursuant to law is not a conviction for purposes of  this  article.  FOR
PURPOSES  OF  THIS  ARTICLE,  THE TERM "SEX OFFENDER" SHALL BE DEEMED TO
INCLUDE A PERSON WHO HAS HAD A CRIMINAL ACTION COMMENCED AGAINST THEM BY
THE FILING OF AN ACCUSATORY INSTRUMENT, A SUPERIOR COURT INFORMATION, OR
INDICTMENT WHICH INCLUDES A CHARGE FOR THE  COMMISSION  OF  ANY  OF  THE
OFFENSES SET FORTH IN SUBDIVISION TWO OR THREE OF THIS SECTION AND, WITH
RESPECT  TO  SUCH  OFFENSE  OR  OFFENSES,  HAS  ENTERED A PLEA, WHICH IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05298-01-5
              

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