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A9044Assembly2009-2010 Session

Provides that instructions to the jury shall include certain defenses

Sponsor Micah KellnerAD-65+6 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Micah Kellner

Assembly Member · Assembly District 65

1 Multi-sponsor

History

  1. Held for consideration in codes
  2. Referred to codes
  3. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9044

Title of bill

An act to amend the criminal procedure law, in relation to instructions to the jury relating to certain defenses

Summary of Specific Provisions: Section 9 of chapter 420 of the laws of 2002 is amended to limit or prohibit the activities or services on the part of any person employed by a program or service operated by the Department of Mental Hygiene or the office of children and family services.

Section 17-a of chapter 676 of the laws of 2002 is amended to define the use of the term psychology,

Justification: In September 2004, Article 154 of the NYS Education Law went into effect, defining the scope of practice for LMSWs and LCSWs, and defining the legal settings in which those titles could practice. The law states that one can only perform clinical social work under the supervision of an LCSW, licensed psychologist or psychiatrist. A tempo- rary exemption from the licensure was written into the law, originally due to sunset 1/1/2010, which exempted those working in programs regu- lated, operated, funded or approved by OMH, OMRDD, OASAS and OCFS.

The sunset of these exemptions will render any unlicensed, non CASAC professionals currently working within OASAS licensed, operated and funded facilities as illegally providing services defined by law as requiring a license, and will make it virtually impossible for those people to retain their current positions. The sunset will also dramat- ically affect supervisory practices; as non-licensed professionals are not permitted to provide "clinical social work" supervision or super- vision to licensed professionals.

Legislative History: New Bill

Financial Implications: None

Effective Date: Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.