S T A T E O F N E W Y O R K
________________________________________________________________________
3624
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Mental Health
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.
LBD07499-01-1