Bill Text: NY A03289 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to the mental condition of a victim.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A03289 Detail]

Download: New_York-2017-A03289-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3289
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by M. of A. SCHIMMINGER, JAFFEE, OTIS, SIMOTAS, ENGLEBRIGHT,
          GUNTHER, COOK, BRONSON --  Multi-Sponsored  by  --  M.  of  A.  MAGEE,
          PEOPLES-STOKES,  PERRY,  SKARTADOS,  STECK,  THIELE  --  read once and
          referred to the Committee on Codes
        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          mental condition of a victim
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.   Section 4504 of the  civil  practice  law  and  rules  is
     2  amended by adding a new subdivision (e) to read as follows:
     3    (e) Mental condition of a victim. Upon receipt of a grand jury subpoe-
     4  na  issued pursuant to subdivision two of section 610.20 of the criminal
     5  procedure law and endorsed by a judge of a  superior  court,  a  medical
     6  provider  must,  as  indicated in this subdivision, provide to the grand
     7  jury the medical records of the person named in the subpoena. A judge of
     8  a superior court shall endorse such a grand jury  subpoena  upon  an  ex
     9  parte  sworn  showing  by a district attorney, or other prosecutor where
    10  appropriate, establishing (1) that there is reasonable cause to  believe
    11  that  the person in question is a mentally disabled person, and (2) that
    12  there is reasonable cause to believe that the  person  in  question  has
    13  been  the  victim of financial exploitation. A person is "mentally disa-
    14  bled" for purposes of this subdivision when that person suffers  from  a
    15  mental  disease,  defect or condition which renders him or her incapable
    16  of appraising the nature  of  the  conduct  constituting  the  financial
    17  exploitation.  Upon  receipt  of  such  an  endorsed  subpoena a medical
    18  provider, including but not limited  to  a  physician,  psychologist  or
    19  nurse,  shall be required to disclose information relating to the mental
    20  or cognitive condition of  the  person  in  question  that  the  medical
    21  provider  acquired  in  attending the person in a professional capacity,
    22  and which was necessary to enable him or her to act in that capacity.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08632-01-7