Bill Text: NY A04246 | 2019-2020 | General Assembly | Introduced

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Bill Title: Ensures that employees of the office of mental health who work in prison mental health units receive the same immunity from civil damages as other state employees who work in prisons; provides that civil actions cannot be brought in state court against any office of mental health officer or employee providing mental health services in a department of correctional services facility in his or her personal capacity for acts or omissions within the scope of employment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-23 - enacting clause stricken [A04246 Detail]

Download: New_York-2019-A04246-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4246
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Correction
        AN ACT to amend the correction law,  in  relation  to  conforming  civil
          immunity  protection for officers or employees of the office of mental
          health, with the protections afforded to others who serve  in  correc-
          tional facilities operated by the department of correctional services
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Section 24 of the correction law, as added by chapter  283
     2  of the laws of 1972, subdivision 1 as amended by section 11 of subpart A
     3  of  part  C  of  chapter  62  of  the laws of 2011, and subdivision 3 as
     4  amended by chapter 466 of the laws  of  1978,  is  amended  to  read  as
     5  follows:
     6    §  24. Civil actions against department personnel and personnel of the
     7  office of mental health in department facilities.   1. No  civil  action
     8  shall  be  brought  in  any  court  of the state, except by the attorney
     9  general on behalf of the state, against any officer or employee  of  the
    10  department,  which for purposes of this section shall include members of
    11  the state board of parole, or any officer or employee of the  office  of
    12  mental  health  who  provides services in a program for the treatment of
    13  mentally ill inmates established pursuant to section four hundred one of
    14  this chapter, in his or her personal capacity, for damages  arising  out
    15  of  any  act  done or the failure to perform any act within the scope of
    16  the employment and in the discharge of the duties  by  such  officer  or
    17  employee.
    18    2. Any claim for damages arising out of any act done or the failure to
    19  perform  any act within the scope of the employment and in the discharge
    20  of the duties of any officer or employee of the department, or any offi-
    21  cer or employee of the office of mental health who provides services  in
    22  a program for the treatment of mentally ill inmates established pursuant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08100-01-9
        A. 4246                             2
     1  to  section four hundred one of this chapter, shall be brought and main-
     2  tained in the court of claims as a claim against the state.
     3    3. This section shall apply with respect to claims arising on or after
     4  the effective date of this section.
     5    §  2.  This  act  shall take effect immediately, and the provisions of
     6  this act shall apply with respect to claims arising  on  or  after  such
     7  date.