Bill Text: NY A06564 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Replaces certain instances of the word "mentally ill person" with "person with a mental illness" or "person with a mental disability".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-06-01 - substituted by s4777b [A06564 Detail]
Download: New_York-2021-A06564-Introduced.html
Bill Title: Replaces certain instances of the word "mentally ill person" with "person with a mental illness" or "person with a mental disability".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-06-01 - substituted by s4777b [A06564 Detail]
Download: New_York-2021-A06564-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6564 2021-2022 Regular Sessions IN ASSEMBLY March 19, 2021 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Mental Health AN ACT to amend the general construction law, the banking law, the correction law, the civil practice law and rules, the debtor and cred- itor law, the domestic relations law, the mental hygiene law, the real property actions and proceedings law, the New York City civil court act, the uniform city court act, the uniform district court act, and the uniform justice court act, in relation to replacing certain instances of the word "mentally ill person" with "person with a mental disability"; and to repeal certain provisions of the general construction law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 28 of the general construction law is REPEALED and 2 a new section 28 is added to read as follows: 3 § 28. Mental disability. The term mental disability shall have the 4 same meaning as it is defined pursuant to section 1.03 of the mental 5 hygiene law. 6 § 2. Paragraph (a) of subdivision 3 of section 100 of the banking law, 7 as amended by chapter 115 of the laws of 1981, is amended to read as 8 follows: 9 (a) As guardian, receiver, trustee, committee or conservator of the 10 estate of any minor, [mentally ill] person with a mental disability, 11 mentally retarded person, person of unsound mind, alcohol abuser or 12 conservatee or in any other fiduciary capacity; 13 § 3. Subdivision 3 of section 100-a of the banking law, as amended by 14 chapter 115 of the laws of 1981, is amended to read as follows: 15 3. Committee of incompetent or conservator of a conservatee. Any court 16 having jurisdiction to appoint a trustee, guardian, receiver, committee 17 of the estate of a [mentally ill] person with a mental disability, 18 mentally retarded person or alcohol abuser or conservator of the estate 19 of a conservatee, or to make any fiduciary appointment, may appoint any 20 trust company to be such trustee, guardian, receiver, committee or 21 conservator, or to act in any other fiduciary capacity. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08905-01-1A. 6564 2 1 § 4. Section 402 of the correction law, as added by chapter 766 of the 2 laws of 1976, subdivision 3 as amended by chapter 789 of the laws of 3 1985, subdivisions 9 and 12 as amended by chapter 164 of the laws of 4 1986, subdivisions 10 and 11 as renumbered by chapter 551 of the laws of 5 1978, and subdivision 13 as added by chapter 7 of the laws of 2007, is 6 amended to read as follows: 7 § 402. Commitment of [mentally ill] inmates with a mental disability. 8 1. Whenever the physician of any correctional facility, any county peni- 9 tentiary, county jail or workhouse, any reformatory for women, or of any 10 other correctional institution, shall report in writing to the super- 11 intendent that any person undergoing a sentence of imprisonment or adju- 12 dicated to be a youthful offender or juvenile delinquent confined there- 13 in [is] has, in his opinion, [mentally ill] a mental disability, such 14 superintendent shall apply to a judge of the county court or justice of 15 the supreme court in the county to cause an examination to be made of 16 such person by two examining physicians. Such physicians shall be desig- 17 nated by the judge to whom the application is made. Each such physician, 18 if satisfied, after a personal examination, that such inmate [is mental-19ly ill] has a mental disability and in need of care and treatment, shall 20 make a certificate to such effect. Before making such certificate, 21 however, he shall consider alternative forms of care and treatment 22 available during confinement in such correctional facility, penitenti- 23 ary, jail, reformatory or correctional institution that might be 24 adequate to provide for such inmate's needs without requiring hospitali- 25 zation. If the examining physician knows that the person he is examining 26 has been under prior treatment, he shall, insofar as possible, consult 27 with the physician or psychologist furnishing such prior treatment prior 28 to making his certificate. 29 2. In the city of New York, if the physician of a workhouse, city 30 prison, jail, penitentiary or reformatory reports in writing to the 31 superintendent of such institution that a prisoner confined therein, 32 serving a sentence of imprisonment, [is] in his opinion [mentally ill] 33 has a mental disability, the superintendent of said institution shall 34 either transfer said prisoner to Bellevue or Kings county hospital for 35 observation as to his mental condition by two examining physicians or 36 shall secure two examining physicians to make such examination in his 37 institution. Each such physician, if satisfied after a personal examina- 38 tion and observation that the prisoner [is mentally ill] has a mental 39 disability and in need of care and treatment, shall make a certificate 40 to such effect. Before making such certificate, however, he shall 41 consider alternative forms of care and treatment available during 42 confinement in such correctional facility, penitentiary, jail, reforma- 43 tory or correctional institution that might be adequate to provide for 44 such inmate's needs without requiring hospitalization. If the examining 45 physician knows that the person he is examining has been under prior 46 treatment, he shall, insofar as possible, consult with the physician or 47 psychologist furnishing such prior treatment prior to making his certif- 48 icate. 49 3. Upon such certificates of the examining physicians being so made, 50 it shall be delivered to the superintendent who shall thereupon apply by 51 petition forthwith to a judge of the county court or justice of the 52 supreme court in the county, annexing such certificate to his petition, 53 for an order committing such inmate to a hospital for [the mentally ill] 54 persons with mental disabilities. Upon every such application for such 55 an order of commitment, notice thereof in writing, of at least five 56 days, together with a copy of the petition, shall be served personallyA. 6564 3 1 upon the alleged [mentally ill] person with a mental disability, and in 2 addition thereto such notice and a copy of the petition shall be served 3 upon either the wife, the husband, the father or mother or other nearest 4 relative of such alleged [mentally ill] person with a mental disability, 5 if there be any such known relative within the state; and if not, such 6 notice shall be served upon any known friend of such alleged [mentally7ill] person with a mental disability within the state. If there be no 8 such known relative or friend within the state, the giving of such 9 notice shall be dispensed with, but in such case the petition for the 10 commitment shall recite the reasons why service of such notice on a 11 relative or friend of the alleged [mentally ill] person with a mental 12 disability was dispensed with and, in such case, the order for commit- 13 ment shall recite why service of such a notice on a relative or friend 14 of the alleged [mentally ill] person with a mental disability was 15 dispensed with. Copies of the notice, the petition and the certificates 16 of the examining physicians shall also be given the mental hygiene legal 17 service. The mental hygiene legal service shall inform the inmate and, 18 in proper cases, others interested in the inmate's welfare, of the 19 procedures for placement in a hospital and of the inmate's right to have 20 a hearing, to have judicial review with a right to a jury trial, to be 21 represented by counsel and to seek an independent medical opinion. The 22 mental hygiene legal service shall have personal access to such inmate 23 for such purposes. 24 4. The judge to whom such application for the commitment of the 25 alleged [mentally ill] person with a mental disability is made may, if 26 no demand is made for a hearing on behalf of the alleged [mentally ill] 27 person with a mental disability, proceed forthwith on the return day of 28 such notice to determine the question of mental illness and, if satis- 29 fied that the alleged [mentally ill] person [is mentally ill] with a 30 mental disability has a mental disability and in need of care and treat- 31 ment, may immediately issue an order for the commitment of such alleged 32 [mentally ill] person with a mental disability to a hospital for a peri- 33 od not to exceed six months from the date of the order. 34 5. Upon the demand for a hearing by any relative or near friend on 35 behalf of such alleged [mentally ill] person with a mental disability, 36 the judge shall, or he may upon his own motion where there is no demand 37 for a hearing, issue an order directing the hearing of such application 38 before him at a time not more than five days from the date of such 39 order, which shall be served upon the parties interested in the applica- 40 tion and upon such other persons as the judge, in his discretion, may 41 name. Upon such day or upon such other day to which the proceedings 42 shall be regularly adjourned, he shall hear the testimony introduced by 43 the parties and shall examine the alleged [mentally ill] person with a 44 mental disability, if deemed advisable in or out of court, and render a 45 decision in writing as to such person's mental illness and need for care 46 and treatment. If such judge cannot hear the application, he may, in his 47 order directing the hearing, name some referee who shall hear the testi- 48 mony and report the same forthwith, with his opinion thereon, to such 49 judge, who shall, if satisfied with such report, render his decision 50 accordingly. If it be determined that such person [is mentally ill] has 51 a mental disability and in need of care and treatment, the judge shall 52 forthwith issue his order committing him to a hospital for a period not 53 to exceed six months from the date of the order. Such superintendent 54 shall thereupon cause such [mentally ill] person with a mental disabili- 55 ty to be delivered to the director of the appropriate hospital as desig- 56 nated by the commissioner of mental hygiene and such [mentally ill]A. 6564 4 1 person with a mental disability shall be received into such hospital and 2 retained there until he is determined to be no longer in need of care 3 and treatment by the director of such hospital or legally discharged or 4 for the period specified in the order of commitment or in any subsequent 5 order authorizing continued retention of such person in said hospital. 6 Such superintendent, before delivering said [mentally ill] person with a 7 mental disability, shall see that he is bodily clean. If such judge 8 shall refuse to issue an order of commitment, he shall certify in writ- 9 ing his reasons for such refusal. 10 6. When an order of commitment is made, such order and all papers in 11 the proceeding shall be presented to the director of the appropriate 12 hospital at the time when the [mentally ill] person with a mental disa- 13 bility is delivered to such institution and a copy of the order and of 14 each such paper shall be filed with the department of mental hygiene and 15 also in the office of the county clerk of the county wherein the court 16 is located which made the order of commitment. The judge shall order all 17 such papers so filed in the county clerk's office to be sealed and 18 exhibited only to parties to the proceedings, or someone properly inter- 19 ested, upon order of the court. 20 7. The costs necessarily incurred in determining the question of 21 mental illness, including the fees of the medical examiners, shall be a 22 charge upon the state or the municipality, as the case may be, at whose 23 expense the institution is maintained, which has custody of the alleged 24 [mentally ill] person with a mental disability at the time of the appli- 25 cation for his commitment to the hospital under the provisions of this 26 section. 27 8. During the pendency of such proceeding the judge may forthwith 28 commit such alleged [mentally ill] person with a mental disability to a 29 hospital for [the mentally ill] persons with mental disabilities upon 30 petition and the affidavit of two examining physicians that the super- 31 intendent is not able to properly care for such person at the institu- 32 tion where he is confined and that such person is in immediate need of 33 care and treatment. Any person so committed shall be delivered to the 34 director of the appropriate hospital as designated in the rules and 35 regulations of the department of mental hygiene. 36 9. Except as provided in subdivision two pertaining to prisoners 37 confined in the city of New York, an inmate of a correctional facility 38 or a county jail may be admitted on an emergency basis to the Central 39 New York Psychiatric Center upon the certification by two examining 40 physicians, including physicians employed by the office of mental health 41 and associated with the correctional facility in which such inmate is 42 confined, that the inmate suffers from a mental illness which is likely 43 to result in serious harm to himself or others as defined in subdivision 44 (a) of section 9.39 of the mental hygiene law. Any person so committed 45 shall be delivered by the superintendent within a twenty-four hour peri- 46 od, to the director of the appropriate hospital as designated in the 47 rules and regulations of the office of mental health. Upon delivery of 48 such person to a hospital operated by the office of mental health, a 49 proceeding under this section shall immediately be commenced. 50 10. If the director of a hospital for [the mentally ill] persons with 51 mental disabilities shall deem that the condition of such [mentally ill] 52 person with a mental disability requires his further retention in a 53 hospital he shall, during the period of retention authorized by the last 54 order of the court, apply to the supreme court or county court in the 55 county where such hospital is located, for an order authorizing contin- 56 ued retention of such [mentally ill] person with a mental disability.A. 6564 5 1 The procedures for obtaining any order pursuant to this subdivision 2 shall be in accordance with the provisions of the mental hygiene law for 3 the retention of involuntary patients. 4 11. If [a mentally ill] person with a mental disability whose commit- 5 ment, retention or continued retention has been authorized pursuant to 6 this section, or any relative or friend in his behalf, be dissatisfied 7 with any such order, he may, within thirty days after the making of any 8 such order, obtain a rehearing and a review of the proceedings already 9 had and of such order, upon a petition to a justice of the supreme court 10 other than the judge or justice presiding over the court making such 11 order. Such justice shall cause a jury to be summoned and shall try the 12 question of the mental illness and the need for care and treatment of 13 the person so committed or so authorized to be retained. Any such 14 [mentally ill] person with a mental disability or the person applying on 15 his behalf for such review may waive the trial of the fact by a jury and 16 consent in writing to trial of such fact by the court. No such petition 17 for the hearing and review shall be made by anyone other than the person 18 so committed or authorized to be retained or the father, mother, 19 husband, wife or child of such person, unless the petitioner shall have 20 first obtained the leave of the court upon good cause shown. If the 21 verdict of the jury, or the decision of the court when jury trial has 22 been waived, be that such person [is] does not [mentally ill] have a 23 mental disability, the justice shall order the removal of such person 24 from the hospital and such person shall forthwith be transferred to a 25 state correctional facility, or returned to the superintendent of the 26 institution from which he was received if such institution was not a 27 state correctional facility. Where the verdict of the jury, or the deci- 28 sion of the court where a jury trial has been waived, be that such 29 person [is mentally ill] has a mental disability, the justice shall 30 certify that fact and make an order authorizing continued retention 31 under the original order. Proceedings under the order shall not be 32 stayed pending an appeal therefrom, except upon an order of a justice of 33 the supreme court, and made upon notice and after hearing, with 34 provision made therein for such temporary care and confinement of the 35 alleged [mentally ill] person with a mental disability as may be deemed 36 necessary. 37 12. The notice provided for herein shall be served by the sheriff of 38 the counties of the state of New York, in which case the charges of such 39 sheriff shall be a disbursement in such proceeding, or by registered 40 mail on all persons required to be served, except that the superinten- 41 dent of a correctional facility or the director of a hospital for [the42mentally ill] persons with mental disabilities, or their designees, 43 shall be authorized to personally serve notice upon an alleged [mentally44ill] person with a mental disability or a [mentally ill] person with a 45 mental disability, as provided in this section. 46 13. Notwithstanding any provision of law to the contrary, when an 47 inmate is being examined in anticipation of his or her conditional 48 release, release to parole supervision, or when his or her sentence to a 49 term of imprisonment expires, the provisions of subdivision one of 50 section four hundred four of this article shall be applicable and such 51 commitment shall be effectuated in accordance with the provisions of 52 article nine or ten of the mental hygiene law, as appropriate. 53 § 5. Subparagraph (i) of paragraph b of subdivision 2 of section 508 54 of the correction law, as added by chapter 676 of the laws of 1974 and 55 as renumbered by chapter 33 of the laws of 2009, is amended to read as 56 follows:A. 6564 6 1 (i) "Director" means (a) the director of a state hospital operated by 2 the department of mental hygiene, or (b) the director of a hospital 3 operated by any local government of the state that has been certified by 4 the commissioner of mental hygiene as having adequate facilities to 5 treat a [mentally ill] person with a mental disability or (c) the direc- 6 tor of community mental health services or the designees of any of the 7 foregoing. The appropriate director to whom a jailer or warden shall 8 certify the need for involuntary care and treatment and who shall have 9 the responsibility for such care and treatment shall be determined in 10 accordance with rules jointly adopted by the judicial conference and the 11 commissioner of mental hygiene. 12 § 6. Section 4519 of the civil practice law and rules, as amended by 13 chapter 550 of the laws of 1978, is amended to read as follows: 14 § 4519. Personal transaction or communication between witness and 15 decedent or [mentally ill] person with a mental disability. Upon the 16 trial of an action or the hearing upon the merits of a special proceed- 17 ing, a party or a person interested in the event, or a person from, 18 through or under whom such a party or interested person derives his 19 interest or title by assignment or otherwise, shall not be examined as a 20 witness in his own behalf or interest, or in behalf of the party 21 succeeding to his title or interest against the executor, administrator 22 or survivor of a deceased person or the committee of a [mentally ill] 23 person with a mental disability, or a person deriving his title or 24 interest from, through or under a deceased person or [mentally ill] 25 person with a mental disability, by assignment or otherwise, concerning 26 a personal transaction or communication between the witness and the 27 deceased person or [mentally ill] person with a mental disability, 28 except where the executor, administrator, survivor, committee or person 29 so deriving title or interest is examined in his own behalf, or the 30 testimony of the [mentally ill] person with a mental disability or 31 deceased person is given in evidence, concerning the same transaction or 32 communication. A person shall not be deemed interested for the purposes 33 of this section by reason of being a stockholder or officer of any bank- 34 ing corporation which is a party to the action or proceeding, or inter- 35 ested in the event thereof. No party or person interested in the event, 36 who is otherwise competent to testify, shall be disqualified from testi- 37 fying by the possible imposition of costs against him or the award of 38 costs to him. A party or person interested in the event or a person 39 from, through or under whom such a party or interested person derives 40 his interest or title by assignment or otherwise, shall not be qualified 41 for the purposes of this section, to testify in his own behalf or inter- 42 est, or in behalf of the party succeeding to his title or interest, to 43 personal transactions or communications with the donee of a power of 44 appointment in an action or proceeding for the probate of a will, which 45 exercises or attempts to exercise a power of appointment granted by the 46 will of a donor of such power, or in an action or proceeding involving 47 the construction of the will of the donee after its admission to 48 probate. 49 Nothing contained in this section, however, shall render a person 50 incompetent to testify as to the facts of an accident or the results 51 therefrom where the proceeding, hearing, defense or cause of action 52 involves a claim of negligence or contributory negligence in an action 53 wherein one or more parties is the representative of a deceased or 54 incompetent person based upon, or by reason of, the operation or owner- 55 ship of a motor vehicle being operated upon the highways of the state, 56 or the operation or ownership of aircraft being operated in the airA. 6564 7 1 space over the state, or the operation or ownership of a vessel on any 2 of the lakes, rivers, streams, canals or other waters of this state, but 3 this provision shall not be construed as permitting testimony as to 4 conversations with the deceased. 5 § 7. Section 251 of the debtor and creditor law, as amended by chapter 6 115 of the laws of 1981, is amended to read as follows: 7 § 251. Authority for committee or conservator to compromise claims. A 8 court exercising jurisdiction over the property of a [mentally ill] 9 person with a mental disability, mentally retarded person, alcohol abus- 10 er or conservatee may, upon the application of the committee of the 11 property of such incompetent person or the conservator of the conserva- 12 tee, and for good and sufficient cause shown, and upon such terms as it 13 may direct, authorize the committee or conservator to sell, compromise 14 or compound any claim or debt belonging to the estate of the incompetent 15 person or conservatee. But such authority shall not prevent any party 16 interested in the trust estate, from showing upon the final accounting 17 of such committee or conservator that such debt or claim was fraudu- 18 lently or negligently sold, compounded or compromised. The sale of any 19 debt or claim heretofore made in good faith by any such committee or 20 conservator, shall be valid, subject, however, to the approval of the 21 court, and the committee or conservator shall be charged with and liable 22 for, as a part of the trust fund, any sum which might or ought to have 23 been collected by him. 24 § 8. Subdivisions (c) and (f) of section 140 of the domestic relations 25 law, as amended by chapter 550 of the laws of 1978, are amended to read 26 as follows: 27 (c) Party a mentally retarded person or [mentally ill] person with a 28 mental disability. An action to annul a marriage on the ground that one 29 of the parties thereto was a mentally retarded person may be maintained 30 at any time during the life-time of either party by any relative of a 31 mentally retarded person, who has an interest to avoid the marriage. An 32 action to annul a marriage on the ground that one of the parties thereto 33 was a [mentally ill] person with a mental disability may be maintained 34 at any time during the continuance of the mental illness, or, after the 35 death of the [mentally ill] person with a mental disability in that 36 condition, and during the life of the other party to the marriage, by 37 any relative of the [mentally ill] person with a mental disability who 38 has an interest to avoid the marriage. Such an action may also be main- 39 tained by the [mentally ill] person with a mental disability at any time 40 after restoration to a sound mind; but in that case, the marriage should 41 not be annulled if it appears that the parties freely cohabited as 42 husband and wife after the [mentally ill] person with a mental disabili- 43 ty was restored to a sound mind. Where one of the parties to a marriage 44 was a [mentally ill] person with a mental disability at the time of the 45 marriage, an action may also be maintained by the other party at any 46 time during the continuance of the mental [illness] disability, provided 47 the plaintiff did not know of the mental [illness] disability at the 48 time of the marriage. Where no relative of the mentally retarded person 49 or [mentally ill] person with a mental disability brings an action to 50 annul the marriage and the [mentally ill] person with a mental disabili- 51 ty is not restored to sound mind, the court may allow an action for that 52 purpose to be maintained at any time during the life-time of both the 53 parties to the marriage, by any person as the next friend of the mental- 54 ly retarded person or [mentally ill] person with a mental disability. 55 (f) Incurable mental [illness] disability for five years. An action 56 to annul a marriage upon the ground that one of the parties has beenA. 6564 8 1 incurably mentally [ill] disabled for a period of five years or more may 2 be maintained by or on behalf of either of the parties to such marriage. 3 § 9. Section 141 of the domestic relations law, as amended by chapter 4 550 of the laws of 1978, subdivision 1 as amended and subdivisions 2, 3 5 and 4 as renumbered by chapter 281 of the laws of 1980, is amended to 6 read as follows: 7 § 141. Action to annul marriage on ground of incurable mental 8 [illness] disability for five years; procedure; support. 1. If the 9 marriage be annulled on the ground of the mental [illness] disability 10 of a spouse, the court may include in the judgment an order providing 11 for his or her suitable support, care and maintenance during life from 12 the property or income of the other spouse. The court shall specify the 13 amount of such support, care and maintenance and, before rendering judg- 14 ment, may exact security for such support, care and maintenance during 15 life and shall order the filing and recording of the instrument creating 16 such security in the office of the clerk of the county in which the 17 action is brought and the filing of two certified copies thereof with 18 the office of mental health at its Albany office. The provisions of the 19 judgment relating to support, care and maintenance of the [mentally ill] 20 spouse with a mental disability during his or her life and to security 21 therefor may be modified or amended at any time by the court upon due 22 notice to the other party and other interested parties as the court may 23 direct and in proper case the value of the suitable support, care and 24 maintenance to such spouse during the balance of his or her life based 25 upon appropriate mortality tables may be adjudged and determined by the 26 court in which the estate of a deceased spouse is being administered and 27 the same may be recovered on behalf of the [mentally ill] spouse with a 28 mental disability from the estate of the deceased spouse. If the 29 [mentally ill] spouse with a mental disability is maintained in an 30 institution or otherwise under the jurisdiction of the office of mental 31 health, the suitable support, care and maintenance as required in the 32 judgment, unless otherwise directed by the court, shall be the charge 33 established by the commissioner of mental health and such charge may be 34 recovered in the manner provided by law. Such amount shall continue to 35 be so required for the support of the [mentally ill] spouse with a 36 mental disability in the event of his or her removal from the custody of 37 the office of mental health unless thereafter otherwise directed by the 38 court. Any security exacted for the suitable support, care and mainte- 39 nance during life of the [mentally ill] spouse with a mental disability 40 shall be available to that spouse or any person on his or her behalf or 41 to any person or agency providing support, care and maintenance for such 42 spouse in the event that the required payments for such support, care 43 and maintenance have not been made and upon application to the court the 44 other spouse shall be ordered and directed to provide additional or 45 further security. 46 2. Judgment annulling a marriage on such ground shall not be rendered 47 until, in addition to any other proofs in the case, a thorough examina- 48 tion of the alleged [mentally ill] party with a mental disability shall 49 have been made by three physicians who are recognized authorities on 50 mental disease, to be appointed by the court, all of whom shall have 51 agreed that such party [is incurably mentally ill] has an incurable 52 mental disability and shall have so reported to the court. In such 53 action, the testimony of a physician attached to a state hospital in the 54 department of mental hygiene as to information which he acquired in 55 attending a patient in a professional capacity at such hospital, shall 56 be taken before a referee appointed by a judge of the court in whichA. 6564 9 1 such action is pending if the court in its discretion shall determine 2 that the distance such physician must travel to attend the trial would 3 be a great inconvenience to him or the hospital, or that other suffi- 4 cient reason exists for the appointment of a referee for such purpose; 5 provided, however, that any judge of such court at any time in his 6 discretion, notwithstanding such deposition, may order that a subpoena 7 issue for the attendance and examination of such physician upon the 8 trial of the action. In such case a copy of the order shall be served 9 together with the subpoena. 10 3. Except as provided in paragraph five of this section, when the 11 person alleged to [be incurably mentally ill] have an incurable mental 12 disability is confined in a state hospital for [the mentally ill] 13 persons with mental disabilities of this state, one, and one only, of 14 the physicians so appointed shall be a member of the resident medical 15 staff of such hospital designated by the director thereof. If the 16 alleged incurably [mentally ill] person with a mental disability is not 17 confined in a state hospital for [the mentally ill] persons with mental 18 disabilities of this state, one of the examining physicians named in 19 pursuance of this section shall be the director of a state hospital for 20 [the mentally ill] persons with mental disabilities if the alleged 21 [mentally ill] person with a mental disability is within this state, or 22 the superintendent or comparable officer of a state hospital for [the23mentally ill] persons with mental disabilities of the state or country 24 where the alleged [mentally ill] person with a mental disability is 25 present if the alleged [mentally ill] person with a mental disability is 26 outside of this state. The report of such superintendent or comparable 27 officer of a state hospital for [the mentally ill] persons with mental 28 disabilities of such other state or country shall not be received in 29 evidence or considered by the court unless he shall be a well educated 30 physician with at least five years of training and experience in the 31 care and treatment of persons suffering from mental disorders. 32 4. When the plaintiff has been permitted to bring such action or pros- 33 ecute the same as a poor person and the alleged incurably [mentally ill] 34 defendant with a mental disability is present within this state, the 35 court shall appoint three physicians who are examining physicians, as 36 defined by section 1.05 of the mental hygiene law, in the employment of 37 the department of mental hygiene. If the alleged [mentally ill] person 38 with a mental disability be outside of this state, the court may, upon 39 proof thereof, appoint three examining physicians who are qualified 40 under the laws or regulations of the foreign state or country where the 41 alleged [mentally ill] person with a mental disability is present and 42 who have qualifications comparable to those specified in section 1.05 of 43 the mental hygiene law of the state, provided, however, that one of such 44 examining physicians shall be the superintendent or comparable officer 45 of a state hospital for [the mentally ill] persons with mental disabili- 46 ties of such foreign state or country with qualifications as specified 47 in paragraph four. Such examiners shall make the examination of the 48 alleged [mentally ill] party with a mental disability present in this 49 state and file with the court a verified report of their findings and 50 conclusions without costs to such plaintiff when the plaintiff is a poor 51 person. Examination of an alleged [mentally ill] party with a mental 52 disability present outside of this state shall be made at the expense of 53 the plaintiff. Such report shall be received in evidence upon the trial 54 of the action without the personal appearance or testimony of such exam- 55 iners. If the court shall deem it necessary that the testimony of any 56 such examiners be taken, the court may order the taking of such testimo-A. 6564 10 1 ny by deposition only. The examiners so appointed by the court may be 2 members of the resident medical staff of any state hospital, whether or 3 not the alleged [mentally ill] person with a mental disability is being 4 confined there. 5 § 10. Section 142 of the domestic relations law, as amended by chapter 6 550 of the laws of 1978, is amended to read as follows: 7 § 142. Dismissal of complaint in action by next friend to annul a 8 marriage. Where the next friend of an infant, mentally retarded person 9 or [mentally ill] person with a mental disability maintains an action 10 annulling a marriage, the court may dismiss the complaint if justice so 11 requires, although, in a like case, the party to the marriage, if plain- 12 tiff, would be entitled to judgment. 13 § 11. The article heading of article 9 of the mental hygiene law, as 14 renumbered by chapter 978 of the laws of 1977, is amended to read as 15 follows: 16 HOSPITALIZATION OF [THE MENTALLY ILL] PERSONS 17 WITH MENTAL DISABILITIES 18 § 12. Section 9.03 of the mental hygiene law, as amended by chapter 19 558 of the laws of 1999, is amended to read as follows: 20 § 9.03 Admission to a hospital. 21 Unless otherwise specifically provided for by statute, a [mentally22ill] person with a mental disability shall be admitted to a hospital as 23 an in-patient only pursuant to the provisions of this article, except 24 that chemically dependent patients may be admitted to chemical depend- 25 ence facilities operated by such hospitals under contract or agreement 26 with the office of alcoholism and substance abuse services in accordance 27 with the provisions of article twenty-two of this chapter. The section 28 of the mental hygiene law under which a patient is admitted or under 29 which any change of legal status is subsequently effected shall be stat- 30 ed in the patient's record. 31 § 13. Section 9.35 of the mental hygiene law, as renumbered by chapter 32 978 of the laws of 1977, is amended to read as follows: 33 § 9.35 Review of court authorization to retain an involuntary patient. 34 If a person who has been denied release or whose retention, continued 35 retention, or transfer and continued retention has been authorized 36 pursuant to this article, or any relative or friend in his behalf, be 37 dissatisfied with any such order he may, within thirty days after the 38 making of any such order, obtain a rehearing and a review of the 39 proceedings already had and of such order upon a petition to a justice 40 of the supreme court other than the judge or justice presiding over the 41 court making such order. Such justice shall cause a jury to be summoned 42 and shall try the question of the mental illness and the need for 43 retention of the patient so authorized to be retained. Any such patient 44 or the person applying on his behalf for such review may waive the trial 45 of the fact by a jury and consent in writing to trial of such fact by 46 the court. No such petition for rehearing and review shall be made by 47 anyone other than the person so authorized to be retained or the father, 48 mother, husband, wife, or child of such person, unless the petitioner 49 shall have first obtained the leave of the court upon good cause shown. 50 If the verdict of the jury, or the decision of the court when jury trial 51 has been waived, be that such person [is] does not [mentally ill] have a 52 mental disability or is not in need of retention the justice shall 53 forthwith discharge him, but if the verdict of the jury, or the decision 54 of the court where a jury trial has been waived, be that such person [is55mentally ill] has a mental disability and is in need of retention the 56 justice shall certify that fact and make an order authorizing continuedA. 6564 11 1 retention under the original order. Such order shall be presented, at 2 the time of authorization of continued retention of such mentally ill 3 person, to, and filed with, the director of the hospital in which the 4 [mentally ill] person with a mental disability is authorized to be 5 retained, and a copy thereof shall be forwarded to the department by 6 such director and filed in the office thereof. Proceedings under the 7 order shall not be stayed pending an appeal therefrom, except upon an 8 order of a justice of the supreme court, made upon a notice and after a 9 hearing, with provisions made therein for such temporary care or 10 confinement of the alleged [mentally ill] person with a mental disabili- 11 ty as may be deemed necessary. 12 § 14. The section heading of section 9.47 of the mental hygiene law, 13 as renumbered by chapter 978 of the laws of 1977, is amended to read as 14 follows: 15 Duties of local officers in regard to their [mentally ill] persons 16 with mental disabilities. 17 § 15. Subdivision (a) of section 9.47 of the mental hygiene law, as 18 designated by chapter 408 of the laws of 1999, is amended to read as 19 follows: 20 (a) All directors of community services, health officers, and social 21 services officials, as defined by the social services law, are charged 22 with the duty of seeing that all [mentally ill] persons with a mental 23 disability within their respective communities who are in need of care 24 and treatment at a hospital are admitted to a hospital pursuant to the 25 provisions of this article. Social services officials and health offi- 26 cers shall notify the director of community services of any such person 27 coming to their attention. Pending the determination of the condition of 28 an alleged [mentally ill] person with a mental disability, it shall be 29 the duty of the director of community services and, if there be no such 30 director, of the local health officer to provide for the proper care of 31 such person in a suitable facility. 32 § 16. The opening paragraph of section 9.47 of the mental hygiene law, 33 as renumbered by chapter 978 of the laws of 1977, is amended to read as 34 follows: 35 All directors of community services, health officers, and social 36 services officials, as defined by the social services law, are charged 37 with the duty of seeing that all [mentally ill] persons with a mental 38 disability within their respective communities who are in need of care 39 and treatment at a hospital are admitted to a hospital pursuant to the 40 provisions of this article. Social services officials and health offi- 41 cers shall notify the director of community services of any such person 42 coming to their attention. Pending the determination of the condition of 43 an alleged [mentally ill] person with a mental disability, it shall be 44 the duty of the director of community services and, if there be no such 45 director, of the local health officer to provide for the proper care of 46 such person in a suitable facility. 47 § 17. Subparagraph (iii) of paragraph 1 of subdivision (b) of section 48 31.16 of the mental hygiene law, as added by chapter 196 of the laws of 49 1988, is amended to read as follows: 50 (iii) Suspend or limit or cause to be suspended or limited the payment 51 of any governmental funds to the facility provided that such action 52 shall not in any way jeopardize the health, safety and welfare of any 53 [mentally ill] person with a mental disability in such program or facil- 54 ity.A. 6564 12 1 § 18. Subdivision 1 of section 1531 of the real property actions and 2 proceedings law, as amended by chapter 550 of the laws of 1978, is 3 amended to read as follows: 4 1. A final judgment in favor of either party, in an action brought as 5 prescribed in this article, is conclusive, as to the title established 6 in the action, against the other party, known or unknown, including an 7 infant, a mentally retarded person, a [mentally ill] person with a 8 mental disability, or an alcohol abuser, and also against every person 9 claiming from, through or under that party, by title accruing after the 10 filing of the judgment roll, or of the notice of the pendency of the 11 action, as prescribed by law; also against each person not in being or 12 ascertained at the commencement of the action, who by any contingency 13 contained in a devise or grant or otherwise, could afterward become 14 entitled to a beneficial estate or interest in the property involved, 15 provided that every person in being who would have been entitled to such 16 estate or interest if such event had happened immediately before the 17 commencement of the action is a party thereto, or that a guardian ad 18 litem is appointed, as prescribed by section 1513 of this article. 19 § 19. Subdivisions 1, 3 and 4 of section 1651 of the real property 20 actions and proceedings law, as amended by chapter 115 of the laws of 21 1981, is amended to read as follows: 22 1. Where an infant, mentally retarded person, [mentally ill] person 23 with a mental disability, alcohol abuser or conservatee holds real prop- 24 erty, in joint tenancy or in common, the general guardian of the infant, 25 or the committee of the mentally retarded person, [mentally ill] person 26 with a mental disability, or alcohol abuser, or conservator of the 27 conservatee, may apply to the supreme court or to the county court of 28 the county wherein the real property is situated, for authority to agree 29 to a partition of the real property. Where such application affects the 30 interests of an incompetent person or a conservatee who has been commit- 31 ted to a state institution, and is an inmate thereof, notice of such 32 application must be given to the superintendent, acting superintendent 33 or state officer having special jurisdiction over the institution where 34 the incompetent person or conservatee is confined. Irrespective of the 35 location of any real property held by an infant in joint tenancy or in 36 common, his general guardian may make such application to the surro- 37 gate's court which appointed such guardian. A certified copy of the 38 decree entered in the surrogate's court on such application must be 39 recorded in the office of the clerk of each county in which is situated 40 property affected by such decree. 41 3. If, after due inquiry into the merits of the application, by a 42 reference or otherwise, the court is of the opinion that the interests 43 of the infant, or of the mentally retarded person, [mentally ill] person 44 with a mental disability, alcohol abuser or conservatee, will be 45 promoted by the partition proposed, it may make an order authorizing the 46 petitioner to agree to the partition proposed, and in the name of the 47 infant, or of the mentally retarded person, [mentally ill] person with a 48 mental disability, alcohol abuser or conservatee, to execute releases of 49 his right and interest in and to that part of the property which falls 50 to the shares of the other joint-tenants or tenants in common. The court 51 may, in its discretion, for the furtherance of the interests of said 52 infant, mentally retarded person, [mentally ill] person with a mental 53 disability, alcohol abuser or conservatee, direct partition to be so 54 made as to set off to him or them his or their share in common with any 55 of the other owners, provided the consent in writing thereto of such 56 owners shall be first obtained.A. 6564 13 1 4. Releases so executed have the same validity and effect, as if they 2 were executed by the person in whose behalf they are executed, and as if 3 the infant was of full age, or the mentally retarded person, [mentally4ill] person with a mental disability, or alcohol abuser was of sound 5 mind, and competent to manage his affairs, or the conservatee was compe- 6 tent to manage his affairs. 7 § 20. Section 1804 of the New York city civil court act, as amended by 8 chapter 650 of the laws of 1991, is amended to read as follows: 9 § 1804. Informal and simplified procedure on small claims. The court 10 shall conduct hearings upon small claims in such manner as to do 11 substantial justice between the parties according to the rules of 12 substantive law and shall not be bound by statutory provisions or rules 13 of practice, procedure, pleading or evidence, except statutory 14 provisions relating to privileged communications and personal trans- 15 actions or communications with a decedent or [mentally ill] person with 16 a mental disability. An itemized bill or invoice, receipted or marked 17 paid, or two itemized estimates for services or repairs, are admissible 18 in evidence and are prima facie evidence of the reasonable value and 19 necessity of such services and repairs. Disclosure shall be unavailable 20 in small claims procedure except upon order of the court on showing of 21 proper circumstances. In every small claims action, where the claim 22 arises out of the conduct of the defendant's business at the hearing on 23 the matter, the judge or arbitrator shall determine the appropriate 24 state or local licensing or certifying authority and any business or 25 professional association of which the defendant is a member. The 26 provisions of this act and the rules of this court, together with the 27 statutes and rules governing supreme court practice, shall apply to 28 claims brought under this article so far as the same can be made appli- 29 cable and are not in conflict with the provisions of this article; in 30 case of conflict, the provisions of this article shall control. 31 § 21. Section 1804-A of the New York city civil court act, as added by 32 chapter 653 of the laws of 1987, is amended to read as follows: 33 § 1804-A. Informal and simplified procedure on commercial claims. The 34 court shall conduct hearings upon commercial claims in such manner as to 35 do substantial justice between the parties according to the rules of 36 substantive law and shall not be bound by statutory provisions or rules 37 of practice, procedure, pleading or evidence, except statutory 38 provisions relating to privileged communications and personal trans- 39 actions or communications with a decedent or [mentally ill] person with 40 a mental disability. An itemized bill or invoice, receipted or marked 41 paid, or two itemized estimates for services or repairs, are admissible 42 in evidence and are prima facie evidence of the reasonable value and 43 necessity of such services and repairs. Disclosure shall be unavailable 44 in commercial claims procedure except upon order of the court on showing 45 of proper circumstances. The provisions of this act and the rules of 46 this court, together with the statutes and rules governing supreme court 47 practice, shall apply to claims brought under this article so far as the 48 same can be made applicable and are not in conflict with the provisions 49 of this article; in case of conflict, the provisions of this article 50 shall control. 51 § 22. Section 1804 of the uniform city court act, as amended by chap- 52 ter 650 of the laws of 1991, is amended to read as follows: 53 § 1804. Informal and simplified procedure on small claims. 54 The court shall conduct hearings upon small claims in such manner as 55 to do substantial justice between the parties according to the rules of 56 substantive law and shall not be bound by statutory provisions or rulesA. 6564 14 1 of practice, procedure, pleading or evidence, except statutory 2 provisions relating to privileged communications and personal trans- 3 actions or communications with a decedent or [mentally ill] person with 4 a mental disability. An itemized bill or invoice, receipted or marked 5 paid, or two itemized estimates for services or repairs, are admissible 6 in evidence and are prima facie evidence of the reasonable value and 7 necessity of such services and repairs. Disclosure shall be unavailable 8 in small claims procedure except upon order of the court on showing of 9 proper circumstances. In every small claims action, where the claim 10 arises out of the conduct of the defendant's business at the hearing on 11 the matter, the judge or arbitrator shall determine the appropriate 12 state or local licensing or certifying authority and any business or 13 professional association of which the defendant is a member. The 14 provisions of this act and the rules of this court, together with the 15 statutes and rules governing supreme court practice, shall apply to 16 claims brought under this article so far as the same can be made appli- 17 cable and are not in conflict with the provisions of this article; in 18 case of conflict, the provisions of this article shall control. 19 § 23. Section 1804-A of the uniform city court act, as added by chap- 20 ter 653 of the laws of 1987, is amended to read as follows: 21 § 1804-A. Informal and simplified procedure on commercial claims. 22 The court shall conduct hearings upon commercial claims in such manner 23 as to do substantial justice between the parties according to the rules 24 of substantive law and shall not be bound by statutory provisions or 25 rules of practice, procedure, pleading or evidence, except statutory 26 provisions relating to privileged communications and personal trans- 27 actions or communications with a decedent or [mentally ill] person with 28 a mental disability. An itemized bill or invoice, receipted or marked 29 paid, or two itemized estimates for services or repairs, are admissible 30 in evidence and are prima facie evidence of the reasonable value and 31 necessity of such services and repairs. Disclosure shall be unavailable 32 in commercial claims procedure except upon order of the court on showing 33 of proper circumstances. The provisions of this act and the rules of 34 this court, together with the statutes and rules governing supreme court 35 practice, shall apply to claims brought under this article so far as the 36 same can be made applicable and are not in conflict with the provisions 37 of this article; in case of conflict, the provisions of this article 38 shall control. 39 § 24. Section 1804 of the uniform district court act, as amended by 40 chapter 650 of the laws of 1991, is amended to read as follows: 41 § 1804. Informal and simplified procedure on small claims. 42 The court shall conduct hearings upon small claims in such manner as 43 to do substantial justice between the parties according to the rules of 44 substantive law and shall not be bound by statutory provisions or rules 45 of practice, procedure, pleading or evidence, except statutory 46 provisions relating to privileged communications and personal trans- 47 actions or communications with a decedent or [mentally ill] person with 48 a mental disability. An itemized bill or invoice, receipted or marked 49 paid, or two itemized estimates for services or repairs, are admissible 50 in evidence and are prima facie evidence of the reasonable value and 51 necessity of such services and repairs. Disclosure shall be unavailable 52 in small claims procedure except upon order of the court on showing of 53 proper circumstances. In every small claims action, where the claim 54 arises out of the conduct of the defendant's business at the hearing on 55 the matter, the judge or arbitrator shall determine the appropriate 56 state or local licensing or certifying authority and any business orA. 6564 15 1 professional association of which the defendant is a member. The 2 provisions of this act and the rules of this court, together with the 3 statutes and rules governing supreme court practice, shall apply to 4 claims brought under this article so far as the same can be made appli- 5 cable and are not in conflict with the provisions of this article; in 6 case of conflict, the provisions of this article shall control. 7 § 25. Section 1804-A of the uniform district court act, as added by 8 chapter 653 of the laws of 1987, is amended to read as follows: 9 § 1804-A. Informal and simplified procedure on commercial claims. 10 The court shall conduct hearings upon commercial claims in such manner 11 as to do substantial justice between the parties according to the rules 12 of substantive law and shall not be bound by statutory provisions or 13 rules of practice, procedure, pleading or evidence, except statutory 14 provisions relating to privileged communications and personal trans- 15 actions or communications with a decedent or [mentally ill] person with 16 a mental disability. An itemized bill or invoice, receipted or marked 17 paid, or two itemized estimates for services or repairs, are admissible 18 in evidence and are prima facie evidence of the reasonable value and 19 necessity of such services and repairs. Disclosure shall be unavailable 20 in commercial claims procedure except upon order of the court on showing 21 of proper circumstances. The provisions of this act and the rules of 22 this court, together with the statutes and rules governing supreme court 23 practice, shall apply to claims brought under this article so far as the 24 same can be made applicable and are not in conflict with the provisions 25 of this article; in case of conflict, the provisions of this article 26 shall control. 27 § 26. Section 1804 of the uniform justice court act, as amended by 28 chapter 650 of the laws of 1991, is amended to read as follows: 29 § 1804. Informal and simplified procedure on small claims. 30 The court shall conduct hearings upon small claims in such manner as 31 to do substantial justice between the parties according to the rules of 32 substantive law and shall not be bound by statutory provisions or rules 33 of practice, procedure, pleading or evidence, except statutory 34 provisions relating to privileged communications and personal trans- 35 actions or communications with a decedent or [mentally ill] person with 36 a mental disability. An itemized bill or invoice, receipted or marked 37 paid, or two itemized estimates for services or repairs, are admissible 38 in evidence and are prima facie evidence of the reasonable value and 39 necessity of such services and repairs. Disclosure shall be unavailable 40 in small claims procedure except upon order of the court on showing of 41 proper circumstances. In every small claims action, where the claim 42 arises out of the conduct of the defendant's business at the hearing on 43 the matter, the judge or arbitrator shall determine the appropriate 44 state or local licensing or certifying authority and any business or 45 professional association of which the defendant is a member. The 46 provisions of this act and the rules of this court, together with the 47 statutes and rules governing supreme court practice, shall apply to 48 claims brought under this article so far as the same can be made appli- 49 cable and are not in conflict with the provisions of this article; in 50 case of conflict, the provisions of this article shall control. 51 § 27. This act shall take effect immediately, provided, however, that 52 the amendments to subdivision (a) of section 9.47 of the mental hygiene 53 law made by section fifteen of this act shall be subject to the expira- 54 tion and reversion of such subdivision pursuant to chapter 408 of the 55 laws of 1999, as amended, when upon such date the provisions of section 56 sixteen of this act shall take effect.
