Assembly Bill A3314

2015-2016 Legislative Session

Ensures that employees of the OMH who work in prison mental health units receive the same immunity from civil damages as other state employees who work in prisons

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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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2015-A3314 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §24, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3493
2011-2012: A1798
2013-2014: A4111
2017-2018: A3735
2019-2020: A4246

2015-A3314 (ACTIVE) - Summary

Ensures that employees of the office of mental health who work in prison mental health units receive the same immunity from civil damages as other state employees who work in prisons; provides that civil actions cannot be brought in state court against any office of mental health officer or employee providing mental health services in a department of correctional services facility in his or her personal capacity for acts or omissions within the scope of employment.

2015-A3314 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3314

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M. of A. AUBRY, COLTON -- Multi-Sponsored by -- M. of A.
  BRONSON, COOK, MAGEE, PERRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law,  in  relation  to  conforming  civil
  immunity  protection for officers or employees of the office of mental
  health, with the protections afforded to others who serve  in  correc-
  tional facilities operated by the department of correctional services

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

  Section 1.  Section 24 of the correction law, as added by chapter  283
of the laws of 1972, subdivision 1 as amended by section 11 of subpart A
of  part  C  of  chapter  62  of  the laws of 2011, and subdivision 3 as
amended by chapter 466 of the laws  of  1978,  is  amended  to  read  as
follows:
  S  24. Civil actions against department personnel AND PERSONNEL OF THE
OFFICE OF MENTAL HEALTH IN DEPARTMENT FACILITIES.   1. No  civil  action
shall  be  brought  in  any  court  of the state, except by the attorney
general on behalf of the state, against any officer or employee  of  the
department,  which for purposes of this section shall include members of
the state board of parole, OR ANY OFFICER OR EMPLOYEE OF THE  OFFICE  OF
MENTAL  HEALTH  WHO  PROVIDES SERVICES IN A PROGRAM FOR THE TREATMENT OF
MENTALLY ILL INMATES ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED ONE OF
THIS CHAPTER, in his or her personal capacity, for damages  arising  out
of  any  act  done or the failure to perform any act within the scope of
the employment and in the discharge of the duties  by  such  officer  or
employee.
  2. Any claim for damages arising out of any act done or the failure to
perform  any act within the scope of the employment and in the discharge
of the duties of any officer or employee of the department, OR ANY OFFI-
CER OR EMPLOYEE OF THE OFFICE OF MENTAL HEALTH WHO PROVIDES SERVICES  IN
A PROGRAM FOR THE TREATMENT OF MENTALLY ILL INMATES ESTABLISHED PURSUANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07695-01-5
              

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