Bill Text: NY A01219 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; also includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A01219 Detail]

Download: New_York-2017-A01219-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1219
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2017
                                       ___________
        Introduced  by  M. of A. ROSENTHAL, GOTTFRIED, GUNTHER, BRONSON, HOOPER,
          M. G. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI, BLAKE, GLICK,
          LUPARDO, McKEVITT, THIELE -- read once and referred to  the  Committee
          on Health
        AN  ACT  to  amend  the public health law, in relation to witnesses to a
          health care proxy and to amend the penal law, in relation to the crime
          of forgery in the second degree
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of  subdivision  2 of section 2981 of the
     2  public health law, as added by chapter 752  of  the  laws  of  1990,  is
     3  amended to read as follows:
     4    (a) A competent adult may appoint a health care agent by a health care
     5  proxy,  signed and dated by the adult in the presence of [two] one adult
     6  [witnesses] witness who shall also sign the proxy. However, a person who
     7  resides in a facility operated or  licensed  by  the  office  of  mental
     8  health  or  the office for people with developmental disabilities, shall
     9  sign such proxy in the presence of two adult witnesses  who  shall  also
    10  sign  the  proxy.   Another person, who shall not be a witness, may sign
    11  and date the health care proxy for the adult if the adult is  unable  to
    12  do  so, at the adult's direction and in the adult's presence, and in the
    13  presence of [two adult] the witness or  witnesses  who  shall  sign  the
    14  proxy.  The witness or witnesses shall state that the principal appeared
    15  to execute  the  proxy  willingly  and  free  from  duress.  The  person
    16  appointed  as  agent shall not act as witness to execution of the health
    17  care proxy.
    18    § 2. Subdivision 1 of section 170.10 of the penal law, as  amended  by
    19  chapter 949 of the laws of 1984, is amended to read as follows:
    20    1. A deed, will, codicil, contract, assignment, commercial instrument,
    21  credit  card,  as  that  term is defined in subdivision seven of section
    22  155.00 of this part, health care proxy under  article  twenty-nine-C  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04942-01-7
        A. 1219                             2
     1  the  public  health law, or other instrument which does or may evidence,
     2  create, transfer, terminate or otherwise affect a legal right, interest,
     3  obligation or status; or
     4    §  3.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.