Bill Text: NY A03866 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 3866 (Prior Session Legislation)

Introduced

Bill Title: Relates to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-06-01 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [A03866 Detail]

Download: New_York-2015-A03866-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3866
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 26, 2015
                                      ___________
       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Mental Health
       AN ACT to amend the executive law, in relation to the right  to  counsel
         for  persons  who receive services through the office of mental health
         or the office for people with developmental disabilities  for  certain
         investigations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 25   of section 553 of  the  executive  law  is
    2  amended by adding two new paragraphs (c) and (d) to read as follows:
    3    (C)  ANY PERSON WHO IS THE RECIPIENT OF SERVICES THROUGH THE OFFICE OF
    4  MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES
    5  OPERATED  OR  LICENSED AGENCY OR FACILITY, AND IS INTERVIEWED AS PART OF
    6  AN INVESTIGATION CONDUCTED BY OR ON THE PART OF THE JUSTICE  CENTER  FOR
    7  THE  PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL HAVE THE RIGHT TO BE
    8  REPRESENTED BY THE MENTAL HYGIENE LEGAL SERVICE, OR  PRIVATELY  FINANCED
    9  COUNSEL, AT ALL STAGES OF THE PROCEEDINGS.
   10    (D)  PRIOR  TO ANY INTERVIEW OF A PERSON AS DESCRIBED IN PARAGRAPH (C)
   11  OF THIS SUBDIVISION, NOTICE MUST BE  GIVEN  TO  THE  PARENT,  PERSON  IN
   12  PARENTAL  RELATION,  OR  LEGAL  GUARDIAN OF THAT PERSON, IF ANY, THAT AN
   13  INTERVIEW IS TO BE CONDUCTED.
   14    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02513-01-5