NY State Senate Bill 2015-S7794

Senate Bill S7794

2015-2016 Legislative Session

Expands the definition of "mental abnormality", for purposes of sex offender civil commitment or supervision, to include antisocial or borderline personality disorder, and psychopathy

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Archive: Last Bill Status - In Senate Committee Rules 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
Jun 17, 2016	committed to rules
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal.
Jun 02, 2016	1st report cal.1372
May 12, 2016	referred to mental health and developmental disabilities

Votes

- Jun 2, 2016 - Committee Vote
  S7794
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 2, 2016
      
      aye (11)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      Serrano
      
      Seward

co-Sponsors

2015-S7794 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §10.03, Ment Hyg L

2015-S7794 (ACTIVE) - Summary

Expands the definition of "mental abnormality", for purposes of sex offender civil commitment or supervision, to include antisocial personality disorder, borderline personality disorder and psychopathy.

2015-S7794 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7794

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to the department of "mental abnormality" for purposes of civil
commitment or supervision of sex offenders

 PURPOSE OF THE BILL :

To strengthen the state's civil confinement statute related to the
mental abnormality of a defendant

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this bill amends section 10.03(i) of the Mental Hygiene
Law to expand the definition of mental abnormality to include a
diagnosis of antisocial personality disorder, borderline personality
disorder and psychopathy.

Section 2 of the bill states that this Act shall take effect
immediately.

 JUSTIFICATION :

On October 28, 2014, the NY Court of Appeals held in a divided 4-3
opinion that a sex offender's diagnosis of antisocial personality
disorder (ASPD) is not a relevant diagnosis in determining whether a

sex offender should be civilly confined after serving a sentence of
imprisonment. State of New York v. Donald DD, 24 NY3d 174 (NY 2014).
The court's holding caused the release from civil confinement of a sex
offender who served 6 months imprisonment for rape in the second
degree, attempted rape in the second degree, and endangering the
welfare of a child. Upon his initial release from incarceration, the
sex offender then committed sexual abuse in the second degree.

Based on this court decision, the Office of Mental Health has been
forced to release from confinement at least 13 sex offenders diagnosed
with APSD, who are now a threat to society.

The court's holding contradicts the opinions of mental health experts
and law enforcement officials who believe that in certain cases, sex
offenders diagnosed with ASPD have a propensity for sexual misconduct.
In fact, courts in other states have repeatedly recognized a diagnosis
of ASPD as constitutional grounds for civil confinement of a sex
offender. See e.g. Commonwealth v. Mazzarino, 81 Mass. App. Ct. 358,
369-70 (Mass. 2012); In re Detention of Bernard Thorell, 149 Wn.2d 724
(Sup Ct Wash. 2003).

The state of New York must be vigilant in keeping dangerous sex
offenders away from the public. Moreover, keeping these sex offenders
in civil confinement will ensure that they continue to receive the
mental health treatment they need before re-entering society.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2015-S7794 (ACTIVE) - Bill Text download pdf

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

                                  7794

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 the department of
  "mental abnormality" for purposes of civil commitment  or  supervision
  of sex offenders

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

  Section 1. Subdivision (i) of section 10.03 of the mental hygiene law,
as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
follows:
  (i)  "Mental  abnormality"  means  a congenital or acquired condition,
disease or disorder INCLUDING, BUT NOT LIMITED TO, ANTISOCIAL  PERSONAL-
ITY  DISORDER,  BORDERLINE  PERSONALITY  DISORDER  AND PSYCHOPATHY, that
affects the emotional, cognitive, or volitional capacity of a person  in
a  manner  that  predisposes  him  or  her  to the commission of conduct
constituting a sex offense and that results in that person having  seri-
ous difficulty in controlling such conduct.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11773-02-6

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Senate Bill S7794

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Sponsored By

Jeffrey D. Klein