S T A T E O F N E W Y O R K
________________________________________________________________________
1855
2019-2020 Regular Sessions
I N A S S E M B L Y
January 17, 2019
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Introduced by M. of A. SCHIMMINGER, JAFFEE, OTIS, SIMOTAS, ENGLEBRIGHT,
GUNTHER, COOK, BRONSON -- Multi-Sponsored by -- M. of A.
PEOPLES-STOKES, PERRY, STECK, THIELE -- read once and referred to the
Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to the
mental condition of a victim
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4504 of the civil practice law and rules is
amended by adding a new subdivision (e) to read as follows:
(E) MENTAL CONDITION OF A VICTIM. UPON RECEIPT OF A GRAND JURY SUBPOE-
NA ISSUED PURSUANT TO SUBDIVISION TWO OF SECTION 610.20 OF THE CRIMINAL
PROCEDURE LAW AND ENDORSED BY A JUDGE OF A SUPERIOR COURT, A MEDICAL
PROVIDER MUST, AS INDICATED IN THIS SUBDIVISION, PROVIDE TO THE GRAND
JURY THE MEDICAL RECORDS OF THE PERSON NAMED IN THE SUBPOENA. A JUDGE OF
A SUPERIOR COURT SHALL ENDORSE SUCH A GRAND JURY SUBPOENA UPON AN EX
PARTE SWORN SHOWING BY A DISTRICT ATTORNEY, OR OTHER PROSECUTOR WHERE
APPROPRIATE, ESTABLISHING (1) THAT THERE IS REASONABLE CAUSE TO BELIEVE
THAT THE PERSON IN QUESTION IS A MENTALLY DISABLED PERSON, AND (2) THAT
THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PERSON IN QUESTION HAS
BEEN THE VICTIM OF FINANCIAL EXPLOITATION. A PERSON IS "MENTALLY DISA-
BLED" FOR PURPOSES OF THIS SUBDIVISION WHEN THAT PERSON SUFFERS FROM A
MENTAL DISEASE, DEFECT OR CONDITION WHICH RENDERS HIM OR HER INCAPABLE
OF APPRAISING THE NATURE OF THE CONDUCT CONSTITUTING THE FINANCIAL
EXPLOITATION. UPON RECEIPT OF SUCH AN ENDORSED SUBPOENA A MEDICAL
PROVIDER, INCLUDING BUT NOT LIMITED TO A PHYSICIAN, PSYCHOLOGIST OR
NURSE, SHALL BE REQUIRED TO DISCLOSE INFORMATION RELATING TO THE MENTAL
OR COGNITIVE CONDITION OF THE PERSON IN QUESTION THAT THE MEDICAL
PROVIDER ACQUIRED IN ATTENDING THE PERSON IN A PROFESSIONAL CAPACITY,
AND WHICH WAS NECESSARY TO ENABLE HIM OR HER TO ACT IN THAT CAPACITY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.