senate Bill S976

2019-2020 Legislative Session

Provides for the emergency or involuntary admission of persons with mental illness when there is a risk of serious physical harm or serious psychiatric harm

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to mental health and developmental disabilities

Co-Sponsors

S976 (ACTIVE) - Details

Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd Ment Hyg L, generally
Versions Introduced in Other Legislative Sessions:
2013-2014: S4377
2015-2016: S3211
2017-2018: S446

S976 (ACTIVE) - Summary

Provides for the emergency or involuntary admission of persons with mental illness when there is a risk of serious physical harm or serious psychiatric harm.

S976 (ACTIVE) - Sponsor Memo

S976 (ACTIVE) - Bill Text download pdf


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

                                   976

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             January 9, 2019
                               ___________

Introduced  by  Sens.  YOUNG, RITCHIE -- 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 mental hygiene law, in relation to  involuntary  and
  emergency admissions of the mentally ill

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

  Section 1. Section 9.01 of the mental hygiene law, as amended by chap-
ter 723 of the laws of  1989,  the  seventh  undesignated  paragraph  as
amended  by  chapter  595  of  the  laws  of 2000, is amended to read as
follows:
§ 9.01 Definitions.
  As used in this article:
  "in need of care and treatment" means  that  a  person  has  a  mental
illness  for which in-patient care and treatment in a hospital is appro-
priate.
  "in need of involuntary care and treatment" means that a person has  a
mental  illness  for which care and treatment as a patient in a hospital
is essential to such person's welfare and [whose] WHICH SO  IMPAIRS  THE
PERSON'S  judgment  [is  so impaired] that he OR SHE is unable to under-
stand the need for such care and treatment.
  ["likelihood to result in serious harm" or] "likely to result in seri-
ous PHYSICAL harm" means [(a)] POSING a substantial risk of : (A)  SERI-
OUS  physical harm to the person as manifested by threats of or attempts
at suicide or serious bodily harm, CONDUCT DEMONSTRATING THAT THE PERSON
IS UNABLE TO MEET HIS OR HER NEEDS FOR NOURISHMENT, MEDICAL CARE,  SHEL-
TER  OR  SELF-PROTECTION  WITHOUT  THE  ASSISTANCE  OF  OTHERS, or other
conduct demonstrating  that  the  person  is  dangerous  to  himself  or
herself[,]; or (b) [a substantial risk of physical harm to other persons
as manifested by homicidal or other violent behavior by which others are

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03016-01-9

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