Bill Text: NY S07179 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 7179 (Prior Session Legislation)

Introduced

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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2014-06-12 - referred to codes [S07179 Detail]

Download: New_York-2013-S07179-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7179
                                   I N  S E N A T E
                                      May 2, 2014
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13770-01-4