Bill S5141-2015

Provides for the reporting of victims of gun violence to the office of mental health

Provides for the reporting of victims of gun violence to the office of mental health for referral to local social services districts for assessment and treatment.

Details

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  • May 4, 2015: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Memo

BILL NUMBER:S5141

TITLE OF BILL: An act to amend the mental hygiene law, in relation to the reporting of victims of gun violence to the office of mental health

PURPOSE:

provides for the reporting of victims of gun violence to the office of mental health.

SUMMARY OF PROVISIONS:

EXISTING LAW:

No

JUSTIFICATION:

This bill is part of a three (3) bill packet of legislation that will be going forward, referred to as the "Benny Lyde Packet" addressing the ever rising volume of youth violence in certain high risk areas; due to a failure to provide of accurate information to our high risk youth, mental health issues surrounding past traumas and a lack of psychological anchors and adequate mentoring during key periods in certain youths development. The packet will also address the lack of man-power to investigate and see to fruition the capture of those guilty of committing such crimes.

Benny Lyde, was an up and coming young man who had studied business and accounting and had aspirations of going into politics. Benny was shot and 3 months later died at the age of 21 in 2005.

The police determined that he had been shot in retaliation for something in which he was not involved. A friend had beaten someone up; that person's friend couldn't find him, so he found Benny instead. The police and his parents investigated and searched for his killer for 2 and % years. Benny's younger brother Prince, who was inseparable from him- spent many days watching his brother lying in the hospital, and began coming to the conclusion that doing the right thing "didn't pay off."

Communities need all the pieces to address this ongoing problem. They need counselors to assist when violence does strike home (This piece of legislation directly deals with this portion) and they need manpower to assist in finding the culprits who commit these acts. They need their youth educated with the correct information, they need mentors for the children to talk to and assist them with the correct way to mediate disagreements and problems that may arise. We are in hopes that this bill along with the other two bills incorporated in this packet will begin that process.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

TBD

LOCAL FISCAL IMPLICATIONS:

TBD

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5141 2015-2016 Regular Sessions IN SENATE May 4, 2015 ___________
Introduced by Sen. HAMILTON -- 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 the reporting of victims of gun violence to the office of mental health 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 5.11 to read as follows: S 5.11 VICTIMS OF GUN VIOLENCE; REPORTING; ASSESSMENT AND TREATMENT. (A) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO- RATION, COUNCIL, OFFICE, OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE; (2) "VICTIM OF GUN VIOLENCE" SHALL MEAN ANY PERSON WHO HAS BEEN SHOT BY A FIREARM, THREATENED BY THE USE OF A FIREARM, WITNESSED A SHOOTING WITH A FIREARM OR HAS A RELATIVE WHO WAS SHOT BY A FIREARM, WHETHER OR NOT SUCH PERSON WITNESSED SUCH SHOOTING; (3) "GUN VIOLENCE" SHALL MEAN ANY ACT INVOLVING THE USE OF A FIREARM, OTHER THAN THE USE OF A FIREARM FOR SPORT OR RECREATION; (4) "FIREARM" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION THREE OF SECTION 265.00 OF THE PENAL LAW; AND (5) "RELATIVE" SHALL MEAN A PARENT, CHILD, GRANDPARENT, GRANDCHILD, SIBLING, AUNT, UNCLE OR FIRST COUSIN. (B) ANY STATE AGENCY THAT, BY OR THROUGH ANY INVESTIGATION, REPORT, PROCEDURE, UNDERTAKING OR ANY OTHER PROCESS OBTAINS KNOWLEDGE OF THE IDENTITY OF A VICTIM OF GUN VIOLENCE, SHALL REPORT THE IDENTITY OF SUCH VICTIM TO THE OFFICE OF MENTAL HEALTH. THE OFFICE OF MENTAL HEALTH SHALL, IN CONSULTATION WITH LOCAL SOCIAL SERVICES DISTRICTS, REFER SUCH
VICTIM TO THE SOCIAL SERVICES DISTRICT IN WHICH SUCH VICTIM RESIDES FOR VOLUNTARY ASSESSMENT AND TREATMENT. SUCH ASSESSMENT AND TREATMENT SHALL INCLUDE, BUT NOT BE LIMITED TO, EVALUATION FOR POST TRAUMATIC STRESS DISORDER, DEPRESSION, ANGER, WITHDRAWAL, AGGRESSION, SLEEP DISTURBANCES AND ANY OTHER EMOTIONAL CONDITION ASSOCIATED WITH EXPOSURE TO GUN VIOLENCE. SUCH ASSESSMENT AND TREATMENT SHALL BE MADE THROUGH THE COOR- DINATION OF NECESSARY STATE AGENCIES, AND SHALL INCLUDE THE CONTINUATION OF ASSESSMENT AND TREATMENT OF SUCH VICTIMS OVER TIME AND THE TRACKING OF THE PROGRESS MADE BY SUCH VICTIMS. (C) THE COMMISSIONER OF MENTAL HEALTH SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE ASSESS- MENT AND TREATMENT OF ANY PERSON WITHOUT THE CONSENT OF SUCH PERSON. S 2. This act shall take effect on the sixtieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.

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