A. 5879 2
graph (c) of subdivision 14 as amended by section 9 of part LLL of chap-
ter 59 of the laws of 2019, are amended to read as follows:
(b) The defendant was [mentally retarded] A PERSON WITH DEVELOPMENTAL
DISABILITIES at the time of the crime, or the defendant's mental capaci-
ty was impaired or his ability to conform his conduct to the require-
ments of law was impaired but not so impaired in either case as to
constitute a defense to prosecution;
(a) Upon the conviction of a defendant for the offense of murder in
the first degree as defined in section 125.27 of the penal law, the
court shall, upon oral or written motion of the defendant based upon a
showing that there is reasonable cause to believe that the defendant is
[mentally retarded] A PERSON WITH DEVELOPMENTAL DISABILITIES, promptly
conduct a hearing without a jury to determine whether the defendant is
[mentally retarded] A PERSON WITH DEVELOPMENTAL DISABILITIES. Upon the
consent of both parties, such a hearing, or a portion thereof, may be
conducted by the court contemporaneously with the separate sentencing
proceeding in the presence of the sentencing jury, which in no event
shall be the trier of fact with respect to the hearing. At such hearing
the defendant has the burden of proof by a preponderance of the evidence
that he or she is [mentally retarded] A PERSON WITH DEVELOPMENTAL DISA-
BILITIES. The court shall defer rendering any finding pursuant to this
subdivision as to whether the defendant is [mentally retarded] A PERSON
WITH DEVELOPMENTAL DISABILITIES until a sentence is imposed pursuant to
this section.
(b) In the event the defendant is sentenced pursuant to this section
to life imprisonment without parole or to a term of imprisonment for the
class A-I felony of murder in the first degree other than a sentence of
life imprisonment without parole, the court shall not render a finding
with respect to whether the defendant is [mentally retarded] A PERSON
WITH DEVELOPMENTAL DISABILITIES.
(c) In the event the defendant is sentenced pursuant to this section
to death, the court shall thereupon render a finding with respect to
whether the defendant is [mentally retarded] A PERSON WITH DEVELOPMENTAL
DISABILITIES. If the court finds the defendant is [mentally retarded] A
PERSON WITH DEVELOPMENTAL DISABILITIES, the court shall set aside the
sentence of death and sentence the defendant either to life imprisonment
without parole or to a term of imprisonment for the class A-I felony of
murder in the first degree other than a sentence of life imprisonment
without parole. If the court finds the defendant is not [mentally
retarded] A PERSON WITH DEVELOPMENTAL DISABILITIES, then such sentence
of death shall not be set aside pursuant to this subdivision.
(d) In the event that a defendant is convicted of murder in the first
degree pursuant to subparagraph (iii) of paragraph (a) of subdivision
one of section 125.27 of the penal law, and the killing occurred while
the defendant was confined or under custody in a state correctional
facility or local correctional institution, and a sentence of death is
imposed, such sentence may not be set aside pursuant to this subdivision
upon the ground that the defendant is [mentally retarded] A PERSON WITH
DEVELOPMENTAL DISABILITIES. Nothing in this paragraph or paragraph (a)
of this subdivision shall preclude a defendant from presenting mitigat-
ing evidence of [mental retardation] DEVELOPMENTAL DISABILITY at the
separate sentencing proceeding.
(e) The foregoing provisions of this subdivision notwithstanding, at a
reasonable time prior to the commencement of trial the defendant may,
upon a written motion alleging reasonable cause to believe the defendant
is [mentally retarded] A PERSON WITH DEVELOPMENTAL DISABILITIES, apply
A. 5879 3
for an order directing that a [mental retardation] DEVELOPMENTAL DISA-
BILITY hearing be conducted prior to trial. If, upon review of the
defendant's motion and any response thereto, the court finds reasonable
cause to believe the defendant is [mentally retarded] A PERSON WITH
DEVELOPMENTAL DISABILITIES, it shall promptly conduct a hearing without
a jury to determine whether the defendant is [mentally retarded] A
PERSON WITH DEVELOPMENTAL DISABILITIES. In the event the court finds
after the hearing that the defendant is not [mentally retarded] A PERSON
WITH DEVELOPMENTAL DISABILITIES, the court must, prior to commencement
of trial, enter an order so stating, but nothing in this paragraph shall
preclude a defendant from presenting mitigating evidence of [mental
retardation] DEVELOPMENTAL DISABILITY at a separate sentencing proceed-
ing. In the event the court finds after the hearing that the defendant,
based upon a preponderance of the evidence, is [mentally retarded] A
PERSON WITH DEVELOPMENTAL DISABILITIES, the court must, prior to
commencement of trial, enter an order so stating. Unless the order is
reversed on an appeal by the people or unless the provisions of para-
graph (d) of this subdivision apply, a separate sentencing proceeding
under this section shall not be conducted if the defendant is thereafter
convicted of murder in the first degree. In the event a separate
sentencing proceeding is not conducted, the court, upon conviction of a
defendant for the crime of murder in the first degree, shall sentence
the defendant to life imprisonment without parole or to a sentence of
imprisonment for the class A-I felony of murder in the first degree
other than a sentence of life imprisonment without parole. Whenever a
[mental retardation] DEVELOPMENTAL DISABILITY hearing is held and a
finding is rendered pursuant to this paragraph, the court may not
conduct a hearing pursuant to paragraph (a) of this subdivision. For
purposes of this subdivision and paragraph (b) of subdivision nine of
this section, ["mental retardation"] "DEVELOPMENTAL DISABILITY" means
significantly subaverage general intellectual functioning existing
concurrently with deficits in adaptive behavior which were manifested
before the age of eighteen.
(f) In the event the court enters an order pursuant to paragraph (e)
of this subdivision finding that the defendant is [mentally retarded] A
PERSON WITH DEVELOPMENTAL DISABILITIES, the people may appeal as of
right from the order pursuant to subdivision ten of section 450.20 of
this chapter. Upon entering such an order the court must afford the
people a reasonable period of time, which shall not be less than ten
days, to determine whether to take an appeal from the order finding that
the defendant is [mentally retarded] A PERSON WITH DEVELOPMENTAL DISA-
BILITIES. The taking of an appeal by the people stays the effectiveness
of the court's order and any order fixing a date for trial. Within six
months of the effective date of this subdivision, the court of appeals
shall adopt rules to ensure that appeals pursuant to this paragraph are
expeditiously perfected, reviewed and determined so that pretrial delays
are minimized. Prior to adoption of the rules, the court of appeals
shall issue proposed rules and receive written comments thereon from
interested parties.
(a) As used in this subdivision, the term "psychiatric evidence" means
evidence of mental disease, defect or condition in connection with
either a mitigating factor defined in this section or a [mental retarda-
tion] DEVELOPMENTAL DISABILITY hearing pursuant to this section to be
offered by a psychiatrist, psychologist or other person who has received
training, or education, or has experience relating to the identifica-
A. 5879 4
tion, diagnosis, treatment or evaluation of mental disease, mental
defect or mental condition.
(c) When a defendant serves notice pursuant to this subdivision, the
district attorney may make application, upon notice to the defendant,
for an order directing that the defendant submit to an examination by a
psychiatrist, licensed psychologist, or licensed clinical social worker
designated by the district attorney, for the purpose of rebutting
evidence offered by the defendant with respect to a mental disease,
defect, or condition in connection with either a mitigating factor
defined in this section, including whether the defendant was acting
under duress, was mentally or emotionally disturbed or [mentally
retarded] WAS A PERSON WITH DEVELOPMENTAL DISABILITIES, or was under the
influence of alcohol or any drug. If the application is granted, the
district attorney shall schedule a time and place for the examination,
which shall be recorded. Counsel for the people and the defendant shall
have the right to be present at the examination. A transcript of the
examination shall be made available to the defendant and the district
attorney promptly after its conclusion. The district attorney shall
promptly serve on the defendant a written copy of the findings and eval-
uation of the examiner. If the court finds that the defendant has
wilfully refused to cooperate fully in an examination pursuant to this
paragraph, it shall, upon request of the district attorney, instruct the
jury that the defendant did not submit to or cooperate fully in such
psychiatric examination. When a defendant is subjected to an examination
pursuant to an order issued in accordance with this subdivision, any
statement made by the defendant for the purpose of the examination shall
be inadmissible in evidence against him in any criminal action or
proceeding on any issue other than that of whether a mitigating factor
has been established or whether the defendant is [mentally retarded] A
PERSON WITH DEVELOPMENTAL DISABILITIES, but such statement is admissible
upon such an issue whether or not it would otherwise be deemed a privi-
leged communication.
At a reasonable time prior to the sentencing proceeding or a [mental
retardation] DEVELOPMENTAL DISABILITY hearing:
(c) If, after complying with the provisions of this section or an
order pursuant thereto, a party finds either before or during a sentenc-
ing proceeding or [mental retardation] DEVELOPMENTAL DISABILITY hearing,
additional material subject to discovery or covered by court order, the
party shall promptly make disclosure or apply for a protective order.
§ 3. Subdivision 10 of section 450.20 of the criminal procedure law,
as added by chapter 1 of the laws of 1995, is amended to read as
follows:
10. An order, entered pursuant to paragraph (e) of subdivision twelve
of section 400.27, finding that the defendant is [mentally retarded] A
PERSON WITH DEVELOPMENTAL DISABILITIES.
§ 4. That portion of subdivision 1 of section 5-a of the legislative
law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by
section 3 of part XX of chapter 56 of the laws of 2009, is amended to
read as follows:
ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
Chairman of assembly ways and means committee ................... 34,000
Ranking minority member of assembly ways and means
A. 5879 5
committee ...................................................... 20,500
Chairman of assembly judiciary committee ........................ 18,000
Ranking minority member of assembly judiciary
committee ...................................................... 11,000
Chairman of assembly codes committee ............................ 18,000
Ranking minority member of assembly codes
committee ...................................................... 11,000
Chairman of assembly banks committee ............................ 15,000
Ranking minority member of assembly banks committee .............. 9,500
Chairman of assembly committee on cities ........................ 15,000
Ranking minority member of assembly committee on cities .......... 9,500
Chairman of assembly education committee ........................ 18,000
Ranking minority member of assembly education committee ......... 11,000
Chairman of assembly health committee ........................... 15,000
Ranking minority member of assembly health committee ............. 9,500
Chairman of assembly local governments committee ................ 15,000
Ranking minority member of assembly local governments
committee ....................................................... 9,500
Chairman of assembly agriculture committee ...................... 12,500
Ranking minority member of assembly agriculture committee ........ 9,000
Chairman of assembly economic development, job creation,
commerce and industry committee ................................ 18,000
Ranking minority member of assembly economic development,
job creation, commerce and industry committee .................. 11,000
Chairman of assembly environmental conservation committee ....... 12,500
Ranking minority member of assembly environmental
conservation committee .......................................... 9,000
Chairman of assembly corporations, authorities
and commissions committee ...................................... 15,000
Ranking minority member of assembly corporations,
authorities, and commissions committee .......................... 9,500
Chairman of assembly correction committee ....................... 12,500
Ranking minority member of assembly correction committee ......... 9,000
Chairman of assembly ethics and guidance committee .............. 12,500
Ranking minority member of assembly ethics and guidance
committee ....................................................... 9,000
Chairman of assembly governmental employees committee ........... 12,500
Ranking minority member of assembly governmental
employees committee ............................................. 9,000
Chairman of assembly governmental operations committee .......... 12,500
Ranking minority member of assembly governmental
operations committee ............................................ 9,000
Chairman of assembly housing committee .......................... 12,500
Ranking minority member of assembly housing committee ............ 9,000
Chairman of assembly insurance committee ........................ 12,500
Ranking minority member of assembly insurance committee .......... 9,000
Chairman of assembly labor committee ............................ 14,000
Ranking minority member of assembly labor committee .............. 9,000
Chairman of assembly racing and wagering committee .............. 12,500
Ranking minority member of assembly racing and wagering
committee ....................................................... 9,000
Chairman of assembly social services committee .................. 12,500
Ranking minority member of assembly social services
committee ....................................................... 9,000
Chairman of assembly small business committee ................... 12,500
Ranking minority member of assembly small business
A. 5879 6
committee ....................................................... 9,000
Chairman of assembly transportation committee ................... 15,000
Ranking minority member of assembly transportation
committee ....................................................... 9,500
Chairman of assembly veterans' affairs committee ................ 12,500
Ranking minority member of assembly veterans' affairs
committee ....................................................... 9,000
Chairman of assembly aging committee ............................ 12,500
Ranking minority member of assembly aging committee .............. 9,000
Chairman of the assembly alcoholism and drug abuse
committee ...................................................... 12,500
Ranking minority member of the assembly
alcoholism and drug abuse committee ............................. 9,000
Chairman of assembly committee on mental health[,
mental retardation and developmental disabilities] ............. 12,500
Ranking minority member of assembly committee on mental health[,
mental retardation and developmental disabilities] .............. 9,000
Chairman of assembly higher education committee ................. 12,500
Ranking minority member of assembly higher education
committee ....................................................... 9,000
Chairman of assembly real property taxation committee ........... 12,500
Ranking minority member of assembly real property
taxation committee .............................................. 9,000
Chairman of assembly election law committee ..................... 12,500
Ranking minority member of assembly election
law committee ................................................... 9,000
Chairman of assembly children and families committee ............ 12,500
Ranking minority member of assembly children
and families committee .......................................... 9,000
Chairman of assembly consumer affairs and protection
committee ...................................................... 12,500
Ranking minority member of assembly consumer affairs and
protection committee ............................................ 9,000
Chairman of the assembly energy committee ....................... 12,500
Ranking minority member of assembly energy committee ............. 9,000
Chairman of assembly tourism, parks, arts and sports development
committee ...................................................... 12,500
Ranking minority member of assembly tourism, parks, arts and
sports development committee .................................... 9,000
Chairman of assembly oversight, analysis and investigation
committee ...................................................... 12,500
Ranking minority member of assembly oversight,
analysis and investigation committee ............................ 9,000
Chairman of assembly office of state-federal relations .......... 12,500
Chairman of majority house operations ........................... 12,500
Chairman of minority house operations ............................ 9,000
Co-chairman of the administrative regulations review
commission ..................................................... 12,500
§ 5. Paragraph a of subdivision 1 of section 47-b of the private hous-
ing 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
A. 5879 7
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-
for. A community mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility shall also mean and include a residential facility to be
operated as a community residence for the mentally disabled, and a
treatment facility for use in the conduct of an alcoholism treatment
program or of a substance abuse treatment program as defined in the
mental hygiene law.
§ 6. An undesignated paragraph of paragraph (b) of subdivision 2 of
section 1676 of the public authorities law, as added by chapter 433 of
the laws of 1988, is amended to read as follows:
New Hope Community, Inc., a not-for-profit corporation, for the
financing, construction and development of residences for [mentally
retarded and developmentally disabled] adults WITH A DEVELOPMENTAL DISA-
BILITY on forty acres of land purchased from Leon and Dave Scharf,
d.b.a. New Hope Rehabilitation Center, located on State Route 52 in the
Town of Fallsburg, to replace existing residential facilities operated
by New Hope Rehabilitation Center.
§ 7. An undesignated paragraph of paragraph (b) of subdivision 2 of
section 1676 of the public authorities law, as added by chapter 384 of
the laws of 1998, is amended to read as follows:
Terence Cardinal Cooke Health Care Center for the, financing, refi-
nancing, construction, reconstruction, renovation, development, improve-
ment, expansion, and equipping of facilities to serve aged, disabled,
AND chronically impaired, [mentally retarded and developmentally disa-
bled persons] AND PERSONS WHO HAVE A DEVELOPMENTAL DISABILITY.
§ 8. An undesignated paragraph of subdivision 1 of section 1680 of the
public authorities law, as added by chapter 433 of the laws of 1988, is
amended to read as follows:
New Hope Community, Inc., a not-for-profit corporation, for the
financing, construction and development of residences for [mentally
retarded and developmentally disabled] adults WITH A DEVELOPMENTAL DISA-
BILITY on forty acres of land purchased from Leon and Dave Scharf,
d.b.a. New Hope Rehabilitation Center, located on State Route 52 in the
Town of Fallsburg, to replace existing residential facilities operated
by New Hope Rehabilitation Center.
§ 9. An undesignated paragraph of subdivision 1 of section 1680 of the
public authorities law, as added by chapter 384 of the laws of 1998, is
amended to read as follows:
Terence Cardinal Cooke Health Care Center for the financing, refinanc-
ing, construction, reconstruction, renovation, development, improvement,
expansion, and equipping of facilities to serve aged, disabled, AND
chronically impaired, [mentally retarded and developmentally disabled
persons] AND PERSONS WHO HAVE A DEVELOPMENTAL DISABILITY.
A. 5879 8
§ 10. Paragraph (e) of subdivision 6 of section 384-b of the social
services law, as amended by chapter 691 of the laws of 1991, is amended
to read as follows:
(e) In every proceeding upon a ground set forth in paragraph (c) of
subdivision four the judge shall order the parent to be examined by, and
shall take the testimony of, a qualified psychiatrist or a psychologist
licensed pursuant to article one hundred fifty-three of the education
law as defined in section 730.10 of the criminal procedure law in the
case of a parent alleged to be mentally ill or [retarded] A PERSON WITH
DEVELOPMENTAL DISABILITIES, such psychologist or psychiatrist to be
appointed by the court pursuant to section thirty-five of the judiciary
law. The parent and the authorized agency shall have the right to submit
other psychiatric, psychological or medical evidence. If the parent
refuses to submit to such court-ordered examination, or if the parent
renders himself OR HERSELF unavailable therefor whether before or after
the initiation of a proceeding under this section, by departing from the
state or by concealing himself OR HERSELF therein, the appointed
psychologist or psychiatrist, upon the basis of other available informa-
tion, including, but not limited to, agency, hospital or clinic records,
may testify without an examination of such parent, provided that such
other information affords a reasonable basis for his OR HER opinion.
§ 11. Paragraphs a and b of subdivision 7 of section 9-a of section 1
of chapter 392 of the laws of 1973, constituting the New York state
medical care facilities finance agency act, paragraph a as added by
chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
of the laws of 1997, are amended to read as follows:
a. The agency shall have the power to acquire by lease or deed from
the facilities development corporation any real property acquired by the
corporation pursuant to the provisions of subdivision six of section
nine of the facilities development corporation act (i) for the purpose
of constructing, reconstructing, rehabilitating or improving thereon one
or more community mental health and [retardation] DEVELOPMENTAL DISABIL-
ITIES facilities or (ii) for the purpose of financing or refinancing the
acquisition, construction, reconstruction, rehabilitation or improvement
thereon of one or more community mental health and [retardation] DEVEL-
OPMENTAL DISABILITIES facilities, pursuant to the provisions of this act
and the facilities development corporation act. The agency is hereby
authorized to lease or sublease such real property and facilities there-
on to the corporation for the purpose of making the same available to a
city or a county not wholly within a city, for use and occupancy in
accordance with the provisions of a lease, sublease or other agreement
between the corporation and such city or county.
b. In the event that the agency shall fail, within five years after
the date of a lease or conveyance of such real property from property
from such city or county to the corporation, to construct, reconstruct,
rehabilitate or improve the community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facility or facility thereon for which such
lease or conveyance was made, as provided for in a lease, sublease or
other financing agreement entered into by such city or county and the
corporation, then, subject to the terms of any lease, sublease or other
financing agreement undertaken by the agency, such real property and any
facilities thereon shall revert to the corporation with right of re-en-
try thereupon, and such lease or deed shall be made subject to such
condition of reverter and re-entry. Provided, however, that as a condi-
tion precedent to the exercise of such right of re-entry the corporation
shall pay to the agency an amount equal to the sum of the purchase price
A. 5879 9
of such real property, the depreciated cost of any community mental
health and [retardation] DEVELOPMENTAL DISABILITIES facility or facili-
ties constructed, reconstructed, rehabilitated or improved thereon and
all other costs of the agency incident to the acquisition of such lands
and the financing of construction, reconstruction, rehabilitation or
improvement relating to such community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facility or facilities, all as provided in
the aforesaid lease, sublease or other financing agreement entered into
with the corporation. It is further provided that for the Corona unit of
the Bernard M. Fineson developmental disabilities services office, the
corporation may but is not required to pay to the agency an amount less
than or equal to the purchase price of the real property, the depreci-
ated cost of THE sum of the community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facility constructed, reconstructed, rehabil-
itated, demolished or improved thereon and all other costs of the agency
incident to the acquisition of such lands and the financing of
construction, reconstruction, rehabilitation, demolition or improvement
relating to such community mental health and [retardation] DEVELOPMENTAL
DISABILITIES facility, all as provided in the aforesaid lease, sublease
or other financing agreement entered into with the corporation.
§ 12. This act shall take effect immediately; provided, however, that:
(a) the amendments to an undesignated paragraph of paragraph (b) of
subdivision 2 of section 1676 of the public authorities law made by
section seven of this act shall not affect the expiration of such undes-
ignated paragraph and shall be deemed repealed therewith; and
(b) the amendments to an undesignated paragraph of subdivision 1 of
section 1680 of the public authorities law made by section nine of this
act shall not affect the expiration of such undesignated paragraph and
shall be deemed repealed therewith.