Senate Bill S1076

2017-2018 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

Sponsored By

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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2017-S1076 (ACTIVE) - Details

See Assembly Version of this Bill:
A6410
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §553, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S1124
2019-2020: A1263
2021-2022: A3624

2017-S1076 (ACTIVE) - Summary

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

2017-S1076 (ACTIVE) - Sponsor Memo

2017-S1076 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1076
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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.
   §  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;
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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