Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 17, 2018 |
reported and committed to finance |
Jan 03, 2018 |
referred to mental health and developmental disabilities |
Mar 08, 2017 |
reported and committed to finance |
Jan 06, 2017 |
referred to mental health and developmental disabilities |
Senate Bill S1076
2017-2018 Legislative Session
Sponsored By
(D) Senate District
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
Actions
Votes
co-Sponsors
(D) Senate District
(D) Senate District
(D, IP) Senate District
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) - Sponsor Memo
BILL NUMBER: S1076 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,
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.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.