Assembly Bill A1068

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1068
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Mental Health
 
 AN ACT to amend the mental hygiene law and the criminal  procedure  law,
   in relation to requiring individuals to be given a mental health eval-
   uation form
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 7.49 to read as follows:
 § 7.49 MENTAL HEALTH EVALUATIONS PURSUANT TO ARREST.
   1.  THE  OFFICE  OF MENTAL HEALTH SHALL DEVELOP A MENTAL HEALTH EVALU-
 ATION FORM FOR THE PURPOSE OF EVALUATING WHETHER AN INDIVIDUAL  WHO  HAS
 BEEN ARRESTED HAS PROPER MENTAL CAPACITY TO MAKE DECISIONS REGARDING THE
 INVESTIGATION  OR  PROSECUTION  OF SUCH INDIVIDUAL. THE OFFICE OF MENTAL
 HEALTH SHALL CREATE PARAMETERS THAT SHALL DESIGNATE WHETHER AN  INDIVID-
 UAL  WHO  HAS  COMPLETED SUCH FORM HAS PASSED OR FAILED SUCH EVALUATION.
 THE OFFICE OF MENTAL HEALTH SHALL CREATE AN INSTRUCTION MANUAL  FOR  THE
 APPLICATION OF SUCH PARAMETERS BY POLICE OFFICERS.
   2.  THE  OFFICE  OF  MENTAL  HEALTH SHALL DISTRIBUTE THE MENTAL HEALTH
 EVALUATION FORM AND THE INSTRUCTION MANUAL REQUIRED TO BE CREATED  UNDER
 SUBDIVISION ONE OF THIS SECTION TO ALL POLICE DEPARTMENTS IN THE STATE.
   3.  THE  OFFICE OF MENTAL HEALTH SHALL COMPLETE THE REQUIREMENTS UNDER
 SUBDIVISIONS ONE AND TWO OF THIS SECTION NO LATER THAN SIX MONTHS  AFTER
 THE EFFECTIVE DATE OF THIS SECTION.
   § 2. Section 120.90 of the criminal procedure law is amended by adding
 a new subdivision 9 to read as follows:
   9. UPON ARRESTING A DEFENDANT FOR ANY OFFENSE PURSUANT TO A WARRANT OF
 ARREST,  A  POLICE  OFFICER  SHALL DIRECT SUCH DEFENDANT TO COMPLETE THE
 MENTAL HEALTH EVALUATION FORM CREATED PURSUANT TO SECTION  7.49  OF  THE
 MENTAL  HYGIENE  LAW.  IF  SUCH  DEFENDANT IS DEEMED TO FAIL SUCH MENTAL
 HEALTH EVALUATION, UNDER PARAMETERS SET BY THE OFFICE OF MENTAL  HEALTH,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03035-01-5
              

 A. 1068                             2
 
 SUCH  DEFENDANT'S  NEXT  OF  KIN,  OR  INDIVIDUAL  AS DESIGNATED BY SUCH
 PERSON, SHALL ACT AS SUCH DEFENDANT'S REPRESENTATIVE FOR  ALL  DECISION-
 MAKING REGARDING THE INVESTIGATION OR PROSECUTION OF SUCH DEFENDANT.
   § 3. Section 140.20 of the criminal procedure law is amended by adding
 a new subdivision 9 to read as follows:
   9. UPON ARRESTING A PERSON FOR ANY OFFENSE WITHOUT A WARRANT, A POLICE
 OFFICER  SHALL  DIRECT  SUCH PERSON TO COMPLETE THE MENTAL HEALTH EVALU-
 ATION FORM CREATED PURSUANT TO SECTION 7.49 OF THE MENTAL  HYGIENE  LAW.
 IF  SUCH  PERSON  IS DEEMED TO FAIL SUCH MENTAL HEALTH EVALUATION, UNDER
 PARAMETERS SET BY THE OFFICE OF MENTAL HEALTH,  SUCH  PERSON'S  NEXT  OF
 KIN,  OR  INDIVIDUAL  AS  DESIGNATED  BY  SUCH PERSON, SHALL ACT AS SUCH
 PERSON'S REPRESENTATIVE FOR ALL DECISION-MAKING REGARDING  THE  INVESTI-
 GATION OR PROSECUTION OF SUCH PERSON.
   §  4.  This act shall take effect immediately; provided, however, that
 sections two and three of this act shall take effect one year  after  it
 shall have become a law.