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