Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.394 |
Sep 11, 2014 |
delivered to governor |
Jun 18, 2014 |
returned to senate passed assembly ordered to third reading rules cal.410 substituted for a9605a |
Jun 18, 2014 |
substituted by s7232a |
Jun 17, 2014 |
ordered to third reading rules cal.410 rules report cal.410 reported reported referred to rules |
Jun 13, 2014 |
print number 9605a |
Jun 13, 2014 |
amend and recommit to codes |
Jun 03, 2014 |
reported referred to codes |
May 09, 2014 |
referred to mental health |
Assembly Bill A9605A
Signed By Governor2013-2014 Legislative Session
Sponsored By
GUNTHER
Archive: Last Bill Status Via S7232 - Signed by Governor
- 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
Actions
Votes
Bill Amendments
co-Sponsors
Thomas Abinanti
2013-A9605 - Details
- See Senate Version of this Bill:
- S7232
- Law Section:
- Executive Law
- Laws Affected:
- Amd §553, Exec L
2013-A9605 - Summary
Relates to investigations by observing critical protocols and procedures to ensure the safety and rights of an individual with a disability or a vulnerable person; establishes such protocols and procedures be developed by the justice center and the relevant advisory council and appropriate state agency; requires such protocols and procedures be developed by 1/1/2015 and be submitted to the legislature and implemented by 3/1/2015.
2013-A9605 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9605 I N A S S E M B L Y May 9, 2014 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Mental Health AN ACT to amend the executive law, in relation to ensuring the safety and rights of an individual with a disability or a vulnerable person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 553 of the executive law is amended by adding a new subdivision 28 to read as follows: 28. TO CARRY OUT INVESTIGATIONS BY OBSERVING CRITICAL PROTOCOLS AND PROCEDURES TO ENSURE THE SAFETY AND RIGHTS OF AN INDIVIDUAL WITH A DISA- BILITY OR A VULNERABLE PERSON. SUCH PROTOCOLS AND PROCEDURES SHALL BE DEVELOPED BY THE JUSTICE CENTER IN CONSULTATION WITH THE ADVISORY COUN- CIL ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED SIXTY-ONE OF THIS ARTI- CLE AND THE APPROPRIATE STATE AGENCY AND SHALL INCLUDE: (A) IN THE EVENT THAT IT IS NECESSARY TO OBTAIN INFORMATION IN THE COURSE OF AN INVESTIGATION FROM AN INDIVIDUAL WITH A DISABILITY OR A VULNERABLE PERSON, PROTOCOLS AND PROCEDURES SHALL BE ESTABLISHED FOR ASCERTAINING WHETHER OR NOT INTERVIEWING OR INTERROGATING SUCH PERSON IS CLINICALLY CONTRAINDICATED PRIOR TO SUCH INTERVIEW OR INTERROGATION TAKING PLACE. (I) IN THE EVENT THAT AN INTERVIEW OR INTERROGATION IS CLINICALLY CONTRAINDICATED, THE INDIVIDUAL WITH A DISABILITY OR VULNERABLE PERSON SHALL BE EXEMPT FROM SUCH INTERVIEW OR INTERROGATION. (II) FOR THOSE INDIVIDUALS WITH A DISABILITY OR VULNERABLE PERSONS SUBJECT TO AN INTERVIEW OR INTERROGATION, THE JUSTICE CENTER SHALL DEVELOP PROCEDURES AND PROTOCOLS TO ENSURE THAT ANY INTERVIEW OR INTER- ROGATION IS CONDUCTED SAFELY IN LIGHT OF ALL RELEVANT CLINICAL, BEHAV- IORAL AND OTHER FACTS RELATING TO THE INDIVIDUAL'S DISABILITY, SAFETY AND WELLBEING. (B) PROCEDURES TO ASCERTAIN WHETHER AN INDIVIDUAL WITH A DISABILITY OR A VULNERABLE PERSON HAS THE LEGAL CAPACITY TO UNDERSTAND QUESTIONS POSED TO HIM OR HER DURING AN INTERVIEW OR INTERROGATION AND WHETHER SUCH INDIVIDUAL HAS THE LEGAL CAPACITY TO UNDERSTAND WHAT RIGHTS HE OR SHE HAS IN THE COURSE OF AN INTERVIEW OR INTERROGATION, INCLUDING BUT NOT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Thomas Abinanti
Andrew Hevesi
David Weprin
2013-A9605A (ACTIVE) - Details
- See Senate Version of this Bill:
- S7232
- Law Section:
- Executive Law
- Laws Affected:
- Amd §553, Exec L
2013-A9605A (ACTIVE) - Summary
Relates to investigations by observing critical protocols and procedures to ensure the safety and rights of an individual with a disability or a vulnerable person; establishes such protocols and procedures be developed by the justice center and the relevant advisory council and appropriate state agency; requires such protocols and procedures be developed by 1/1/2015 and be submitted to the legislature and implemented by 3/1/2015.
2013-A9605A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9605--A I N A S S E M B L Y May 9, 2014 ___________ Introduced by M. of A. GUNTHER, ABINANTI -- read once and referred to the Committee on Mental Health -- reported and referred to the Commit- tee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to ensuring the safety and rights of an individual with a disability or a vulnerable person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 553 of the executive law is amended by adding a new subdivision 28 to read as follows: 28. TO CARRY OUT INVESTIGATIONS BY OBSERVING CRITICAL PROTOCOLS AND PROCEDURES TO ENSURE THE SAFETY OF A VULNERABLE PERSON OR PERSONS IN LIGHT OF THEIR CLINICAL, PERSONAL CONSIDERATIONS AND THE NEED FOR THE TIMELY COMPLETION OF AN EFFECTIVE INVESTIGATION. SUCH PROTOCOLS AND PROCEDURES SHALL BE DEVELOPED BY THE JUSTICE CENTER IN CONSULTATION WITH THE ADVISORY COUNCIL ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED SIXTY-ONE OF THIS ARTICLE AND THE APPROPRIATE STATE AGENCY. PROTOCOLS AND PROCEDURES DEVELOPED JOINTLY BY THE DIRECTOR OF THE JUSTICE CENTER AND THE RESPECTIVE STATE OVERSIGHT AGENCY SHALL BE CONSIDERED FINAL UPON AGREEMENT BETWEEN THE DIRECTOR AND ANY SUCH COMMISSIONER AND SHALL NOT DEPEND ON A FINAL AGREEMENT BETWEEN THE DIRECTOR OF THE JUSTICE CENTER AND ALL AFFECTED AGENCY COMMISSIONERS. SUCH PROTOCOLS AND PROCEDURES SHALL INCLUDE: (A) IN THE EVENT THAT IT IS NECESSARY TO OBTAIN INFORMATION IN THE COURSE OF AN INVESTIGATION FROM A VULNERABLE PERSON, PROTOCOLS AND PROCEDURES SHALL BE ESTABLISHED FOR ASCERTAINING WHETHER OR NOT INTER- VIEWING SUCH PERSON IS CLINICALLY CONTRAINDICATED PRIOR TO SUCH INTER- VIEW TAKING PLACE. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE A FORMAL CLINICAL ASSESSMENT PRIOR TO INTERVIEWING A VULNERABLE PERSON. (I) FOR THOSE VULNERABLE PERSONS SUBJECT TO AN INTERVIEW, THE JUSTICE CENTER SHALL DEVELOP APPROPRIATE PROCEDURES AND PROTOCOLS TO ENSURE THAT ANY INTERVIEW IS CONDUCTED SAFELY AND IN A TIMELY FASHION IN LIGHT OF RELEVANT CLINICAL, BEHAVIORAL AND OTHER FACTS RELATING TO THE INDIVID- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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