NY State Senate Bill 2015-S5141

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to mental health and developmental disabilities
May 04, 2015	referred to mental health and developmental disabilities

2015-S5141 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §5.11, Ment Hyg L
Versions Introduced in 2017-2018 Legislative Session:: S2447

2015-S5141 (ACTIVE) - Summary

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.

2015-S5141 (ACTIVE) - Sponsor 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.

2015-S5141 (ACTIVE) - Bill Text download pdf

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

                                  5141

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10575-01-5

S. 5141                             2

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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Senate Bill S5141

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

2015-S5141 (ACTIVE) - Details

2015-S5141 (ACTIVE) - Summary

2015-S5141 (ACTIVE) - Sponsor Memo

2015-S5141 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5141

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Sponsored By

Jesse Hamilton

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

2015-S5141 (ACTIVE) - Details

2015-S5141 (ACTIVE) - Summary

2015-S5141 (ACTIVE) - Sponsor Memo

2015-S5141 (ACTIVE) - Bill Text download pdf

Comments