Assembly Bill A5879A

Signed By Governor
2023-2024 Legislative Session

Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "developmentally disabled" and "developmental disability"

download bill text pdf

Sponsored By

Current Bill Status Via S3313 - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2023-A5879 - Details

See Senate Version of this Bill:
S3313
Law Section:
Private Housing Finance Law
Laws Affected:
Amd §47-b, Priv Hous Fin L; amd §§1676 & 1680, Pub Auth L; amd §9-a, NYS Med Care Fac Fin Ag Act
Versions Introduced in 2021-2022 Legislative Session:
S6793

2023-A5879 - Summary

Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "developmentally disabled" and "developmental disability".

2023-A5879 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5879
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the county law, the criminal procedure law, the legisla-
   tive law, the mental hygiene law, the private housing finance law, the
   public authorities law, the social services law and the New York state
   medical care facilities finance agency act, in relation  to  replacing
   the  terms "mentally retarded" and "mental retardation" with "develop-
   mentally disabled" and "developmental disability"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 707 of the county law, as added by
 chapter 1 of the laws of 1995, is amended to read as follows:
   1.  Notwithstanding any other provision of law to the contrary, upon a
 finding in an ex parte proceeding that expert  services  are  reasonably
 necessary  for  the  prosecution  of the case whether in connection with
 issues relating to guilt or sentencing or  that  investigative  services
 relating  to  a  separate  sentencing proceeding or [mental retardation]
 DEVELOPMENTAL DISABILITY hearing pursuant to section 400.27 of the crim-
 inal procedure law are  reasonably  necessary,  the  trial  court  shall
 authorize  the  payment  of fees and expenses for such services.  Upon a
 finding that timely procurement of such services could  not  practicably
 await  prior  authorization,  the  court may authorize the provision and
 payment for such services nunc pro tunc.
   § 2. Paragraph (b) of subdivision 9, paragraphs (a),  (b),  (c),  (d),
 (e)  and (f) of subdivision 12, paragraphs (a) and (c) of subdivision 13
 and the opening paragraph of paragraph (a) and paragraph (c) of subdivi-
 sion 14 of section 400.27 of the criminal procedure law,  paragraph  (b)
 of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi-
 sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the
 laws  of 1995, paragraph (c) of subdivision 13 as amended by chapter 230
 of the laws of 2004 and the opening paragraph of paragraph (a) and para-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06636-02-3
              

co-Sponsors

2023-A5879A (ACTIVE) - Details

See Senate Version of this Bill:
S3313
Law Section:
Private Housing Finance Law
Laws Affected:
Amd §47-b, Priv Hous Fin L; amd §§1676 & 1680, Pub Auth L; amd §9-a, NYS Med Care Fac Fin Ag Act
Versions Introduced in 2021-2022 Legislative Session:
S6793

2023-A5879A (ACTIVE) - Summary

Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "developmentally disabled" and "developmental disability".

2023-A5879A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5879--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by  M. of A. SEAWRIGHT, McDONALD, GUNTHER, ALVAREZ, McMAHON,
   LUNSFORD, SANTABARBARA -- read once and referred to the  Committee  on
   Governmental  Operations  -- reported and referred to the Committee on
   Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the private housing finance law, the public authorities
   law and the New York state medical care facilities finance agency act,
   in relation to replacing the terms  "mentally  retarded"  and  "mental
   retardation"  and variants thereof with "developmentally disabled" and
   "developmental disability"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 1 of section 47-b of the private
 housing  finance  law, as amended by chapter 479 of the laws of 2022, is
 amended to read as follows:
   a. "Community mental health and developmental  disabilities  facility"
 shall  mean a building, a unit within a building, a laboratory, a class-
 room, a housing unit, a dining hall, an activities center, a library, or
 any structure on  or  improvement  to  real  property  of  any  kind  or
 description, including fixtures and equipment which are an integral part
 of such building, unit or structure or improvement, a walkway, a roadway
 or a parking lot and improvements and connections for water, sewer, gas,
 electrical,  telephone,  heating,  air  conditioning  and  other utility
 services, or a combination of any of the foregoing, whether for  patient
 care  and  treatment or staff, staff family or service use, located in a
 city, or in a county not wholly included within a  city,  authorized  to
 provide   community  mental  health  services  in  accordance  with  the
 provisions of article forty-one of title E of the  mental  hygiene  law,
 which  is  utilized or to be utilized for the administration and conduct
 of programs for people living with either  mental  illness  or  develop-
 mental  disabilities,  or both, and for the provision of services there-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06636-08-3
              

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