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BILL NUMBER:S6805

TITLE OF BILL: An act to amend the mental hygiene law, in relation to patients interred at state mental health hospital cemeteries

PURPOSE: To mark headstones or otherwise memorialize patients interred at state mental health hospital cemeteries.

SUMMARY OF PROVISIONS: The mental hygiene law is amended by adding a new section, 33.27-a&b.

º33.27-a: -Requires that the names, dates of birth and dates of death of patients buried in state mental health hospital cemeteries be made available to mark headstones or otherwise memorialize patients interred at these cemeteries.

-This information shall be made available fifty years after the death of a patient.

º33.27-b: Adds a definition for "state mental health hospitals," to mean any state funded institution to care for and help treat the mentally ill or developmentally disabled in New York State, including former asylums for the insane.

JUSTIFICATION: Many state-funded institutions to care for and help treat the mentally ill or developmentally disabled in New York State have cemeteries with formerly interred patients that have unmarked graves. This bill will allow for information to be released to mark the graves of former patients of these state-funded institutions.

LEGISLATIVE HISTORY: New.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

6805

IN SENATE

March 23, 2012
___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to patients interred
  at state mental health hospital cemeteries

  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
33.27 to read as follows:
S 33.27 RELEASE OF CERTAIN PATIENTS' NAMES AND DATES OF BIRTH AND DEATH.
  (A) TO MARK HEADSTONES OR OTHERWISE MEMORIALIZE PATIENTS  INTERRED  AT
STATE  MENTAL  HEALTH  HOSPITAL  CEMETERIES,  THE  DEPARTMENT  OF MENTAL
HYGIENE SHALL MAKE AVAILABLE THE NAME, DATE OF BIRTH AND DATE  OF  DEATH
OF  PATIENTS  BURIED  IN  STATE  MENTAL HEALTH HOSPITAL CEMETERIES FIFTY
YEARS AFTER THE DEATH OF A PATIENT.
  (B) FOR THE PURPOSES OF THIS SECTION, THE TERM  "STATE  MENTAL  HEALTH
HOSPITALS"  SHALL MEAN ANY STATE-FUNDED INSTITUTION TO CARE FOR AND HELP
TREAT THE MENTALLY ILL OR DEVELOPMENTALLY DISABLED IN  NEW  YORK  STATE.
SUCH  TERM  SHALL  INCLUDE, BUT NOT BE LIMITED TO FORMER ASYLUMS FOR THE
INSANE, SUCH AS THE NEW YORK STATE LUNATIC ASYLUM, UTICA STATE HOSPITAL,
WILLARD ASYLUM FOR THE INSANE, WILLARD STATE HOSPITAL,  NEW  YORK  STATE
INEBRIATE  ASYLUM,  BINGHAMTON ASYLUM FOR THE CHRONIC INSANE, BINGHAMTON
STATE HOSPITAL, BUFFALO STATE ASYLUM FOR  THE  INSANE,  NEW  YORK  STATE
ASYLUM FOR THE INSANE, BUFFALO STATE HOSPITAL, NEW YORK STATE ASYLUM FOR
IDIOTS AND THE ASYLUM FOR IDIOTS IN ALBANY.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13640-01-1