A10608A-2011 Actions

• Oct 3, 2012: signed chap.475
• Sep 21, 2012: delivered to governor
• Jun 21, 2012: RETURNED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: 3RD READING CAL.1487
• Jun 21, 2012: SUBSTITUTED FOR S7587B
• Jun 18, 2012: REFERRED TO RULES
• Jun 18, 2012: delivered to senate
• Jun 18, 2012: passed assembly
• Jun 18, 2012: ordered to third reading rules cal.338
• Jun 18, 2012: rules report cal.338
• Jun 18, 2012: reported
• Jun 15, 2012: amend and recommit to rules 10608a
• Jun 14, 2012: reported referred to rules
• Jun 12, 2012: reported referred to codes
• Jun 7, 2012: referred to judiciary

A10608A-2011 Votes

A10608A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10608--A
 I N  ASSEMBLY
 June 7, 2012
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
 Dinowitz, Lavine, Simotas, Zebrowski) -- (at request of the Office  of
 Court  Administration)  --  read once and referred to the Committee on
 Judiciary -- reported and referred to the Committee on Rules --  Rules
 Committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to the Committee on Rules
 

AN ACT to amend the correction  law  and  the  mental  hygiene  law,  in
 relation to the appointment of guardians
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.   Subparagraph (iii) of paragraph b  of  subdivision  2  of
 section  168-b  of  the correction law, as amended by chapter 595 of the
 laws of 2008 and as further amended by section 104 of part A of  chapter
 62 of the laws of 2011, is amended to read as follows:

 (iii)  a  court,  to  enable  the  court  to  promptly comply with the
 provisions of paragraph (a-1) of subdivision one of section two  hundred
 forty  of  the  domestic relations law, [and] subdivision (e) of section
 six hundred fifty-one of the family court act, AND  SUBDIVISION  (G)  OF
 SECTION 81.19 OF THE MENTAL HYGIENE LAW.
 

S  2. 

Section  81.19 of the mental hygiene law is amended by adding a
 new subdivision (g) to read as follows:

 (G) 1. IN MAKING AN APPOINTMENT OR  CONSIDERING  A  REVOCATION  OF  AN
 APPOINTMENT  UNDER THIS ARTICLE, THE COURT ALSO MAY OBTAIN AND CONSIDER,
 AND MAY AUTHORIZE A COURT EVALUATOR TO REVIEW THE SAME AND REPORT TO THE
 COURT CONCERNING, ANY OF THE FOLLOWING INFORMATION REGARDING THE GUARDI
 AN OR PROPOSED GUARDIAN, AND, IF THE  INCAPACITATED  PERSON  RESIDES  OR
 WILL RESIDE WITH SUCH GUARDIAN OR PROPOSED GUARDIAN, ANY PERSON EIGHTEEN
 YEARS  OR  OLDER  RESIDING IN THE GUARDIAN OR PROPOSED GUARDIAN'S HOUSE
 HOLD:

 (I) A CRIMINAL HISTORY RECORD CHECK OF SUCH PERSON OR PERSONS; AND  IN
 FURTHERANCE  THEREOF, THE COURT SHALL BE AUTHORIZED TO: (1) OBTAIN A SET
 OF SUCH PERSON'S FINGERPRINTS; (2) DIRECT THAT THE DIVISION OF  CRIMINAL
 JUSTICE  SERVICES  PROMPTLY  PROVIDE  TO  THE  COURT  A CRIMINAL HISTORY
 RECORD, IF ANY, WITH RESPECT TO SUCH PERSON OR  A  STATEMENT  THAT  SUCH
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15240-05-2
 
       A. 10608--A                         2
 PERSON  HAS  NO  CRIMINAL  RECORD; AND (3) DIRECT THE SUBMISSION OF SUCH
 PERSON'S FINGERPRINTS BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  TO
 THE  FEDERAL BUREAU OF INVESTIGATION FOR PURPOSES OF A NATIONWIDE CRIMI
 NAL  HISTORY  RECORD  CHECK  PURSUANT  TO AND CONSISTENT WITH PUBLIC LAW
 92-544 TO DETERMINE IF SUCH PERSON HAS A CRIMINAL HISTORY IN  ANY  STATE
 OR FEDERAL JURISDICTION;
 (II) REPORTS FOR SUCH PERSON OR PERSONS FROM THE SEX OFFENDER REGISTRY
 ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B
 OF THE CORRECTION LAW;
 (III)  INDICATED REPORTS FOR SUCH PERSON OR PERSONS FROM THE STATEWIDE
 CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT ESTABLISHED  AND  MAIN
 TAINED  PURSUANT  TO  SECTION  FOUR  HUNDRED  TWENTY-TWO  OF  THE SOCIAL
 SERVICES LAW, UPON A FINDING BY THE COURT, PURSUANT TO  PARAGRAPH  E  OF
 SUBDIVISION FOUR OF SUCH SECTION, THAT SUCH INFORMATION IS NECESSARY FOR
 THE COURT TO DETERMINE WHETHER TO MAKE OR CONTINUE AN APPOINTMENT PURSU
 ANT TO THIS ARTICLE;
 (IV) REPORTS FOR SUCH PERSON OR PERSON FROM THE STATEWIDE COMPUTERIZED
 REGISTRY  OF ORDERS OF PROTECTION ESTABLISHED AND MAINTAINED PURSUANT TO
 SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW; AND
 (V) RELATED DECISIONS IN COURT PROCEEDINGS INITIATED PURSUANT TO ARTI
 CLE TEN OF THE FAMILY COURT ACT AND RELATED WARRANTS  ISSUED  UNDER  THE
 FAMILY COURT ACT.
 2.  THE  COURT SHALL OBTAIN AND CONSIDER RECORDS AND REPORTS SPECIFIED
 IN PARAGRAPH ONE OF THIS SUBDIVISION BETWEEN THE TIME THE JUDGE EXECUTES
 THE ORDER TO SHOW CAUSE AND THE HEARING DATE OF THE ORDER TO SHOW  CAUSE
 IF A GUARDIAN OR GUARDIANS ARE PROPOSED IN THE PETITION OR, AS SOON AS A
 GUARDIAN OR GUARDIANS ARE PROPOSED BY A PARTY TO THE PROCEEDING OR NOMI
 NATED  BY  THE  PERSON  ALLEGED TO BE INCAPACITATED, DURING A PROCEEDING
 UNDER THIS ARTICLE.
 3. UPON CONSIDERATION OF ALL FACTORS BEARING ON THE BEST INTERESTS  OF
 THE INCAPACITATED PERSON INCLUDING CONSIDERATION OF ALL RELEVANT FACTORS
 IN  SECTION SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW, THE RECORDS
 AND REPORTS SPECIFIED IN PARAGRAPH ONE  OF  THIS  SUBDIVISION,  AND  THE
 COURT  EVALUATOR'S  REPORT THEREON, AND AFTER NOTIFYING COUNSEL INVOLVED
 IN THE PROCEEDING, OR IN THE EVENT OF A SELF-REPRESENTED PARTY NOTIFYING
 SUCH PARTY, THE COURT MAY APPOINT,  REFUSE  TO  APPOINT  OR  REVOKE  THE
 APPOINTMENT OF ANY PERSON AS GUARDIAN PURSUANT TO THIS ARTICLE.
 4.  WHERE  THE  COURT  REQUESTS A CRIMINAL HISTORY RECORD FOR A PERSON
 PURSUANT TO THIS SECTION, THE COURT SHALL PROVIDE  THE  SUBJECT  OF  THE
 REQUEST  WITH  A  COPY  OF HIS OR HER CRIMINAL HISTORY RECORD, IF ANY, A
 REASONABLE TIME BEFORE CONSIDERATION OF SUCH RECORD UNDER THIS  SUBDIVI
 SION  AND  INFORM  SUCH PERSON OF HIS OR HER RIGHT TO SEEK CORRECTION OF
 ANY INCORRECT INFORMATION CONTAINED IN SUCH  RECORD  PURSUANT  TO  REGU
 LATIONS  AND  PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE
 SERVICES.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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