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Assembly Bill A3135

2017-2018 Legislative Session

Relates to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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2017-A3135 (ACTIVE) - Details

See Senate Version of this Bill:
S8768
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Executive Law
Laws Affected:
Amd §553, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10064
2015-2016: A3866

2017-A3135 (ACTIVE) - Summary

Relates to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations.

2017-A3135 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3135
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by M. of A. GUNTHER, JAFFEE, ABINANTI, M. G. MILLER, WEPRIN,
   SIMON, MOSLEY, TITONE, MONTESANO -- read  once  and  referred  to  the
   Committee on Mental Health
 
 AN  ACT  to amend the executive law, in relation to the right to counsel
   for persons who receive services through the office of  mental  health
   or  the  office for people with developmental disabilities for certain
   investigations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  25    of section 553 of the executive law is
 amended by adding two new paragraphs (c) and (d) to read as follows:
   (C) ANY PERSON WHO IS THE RECIPIENT OF SERVICES THROUGH THE OFFICE  OF
 MENTAL  HEALTH  OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 OPERATED OR LICENSED AGENCY OR FACILITY, AND IS INTERVIEWED AS  PART  OF
 AN  INVESTIGATION  CONDUCTED BY OR ON THE PART OF THE JUSTICE CENTER FOR
 THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL HAVE THE RIGHT TO  BE
 REPRESENTED  BY  THE MENTAL HYGIENE LEGAL SERVICE, OR PRIVATELY FINANCED
 COUNSEL, AT ALL STAGES OF THE PROCEEDINGS.
   (D) PRIOR TO ANY INTERVIEW OF A PERSON AS DESCRIBED IN  PARAGRAPH  (C)
 OF  THIS  SUBDIVISION,  NOTICE  MUST  BE  GIVEN TO THE PARENT, PERSON IN
 PARENTAL RELATION, OR LEGAL GUARDIAN OF THAT PERSON,  IF  ANY,  THAT  AN
 INTERVIEW IS TO BE CONDUCTED.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02528-01-7

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