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S3034Senate2013-2014 SessionSame asA196

Relates to orders of observation for the purpose of determining incapacitation

Sponsor Michael F. NozzolioSD-54Affects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A196

What's happening

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Who cares

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Sponsors

Primary sponsor
Michael F. Nozzolio

Senator · Senate District 54

Chair, Codes

No co-sponsors yet.

History

  1. Substituted by A196
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.131
  5. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A196Assembly

Relates to orders of observation for the purpose of determining incapacitation

Signed by Governor · Sponsor Helene Weinstein

Signed into law

Full text

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

Sponsor's memo

BILL NUMBER:S3034

Title of bill

An act to amend the criminal procedure law and the mental hygiene law, in relation to orders of observation for the purpose of determining incapacitation

Purpose of bill

Relates to notice of discharge of persons confined pursuant to an order of observation for the purpose of determining incapacitation.

Summary of provisions of bill

Section 1 amends section 730.40 of the criminal procedure law to require the district attorney to provide information to the commissioner of mental health about persons who may reasonably be expected to be a victim of an assault or violent felony offense.

Sections 2, 3 and 4 make conforming changes to relevant provisions of the criminal procedure law.

Section 5 makes conforming changes to the mental hygiene law. Section 6 is the effective date.

Justification

Legislation enacted in 2012 (Chapter 476 of 2012) expanded the duty of the Commissioner of Mental Health and the Commissioner of the Office for People with Developmental Disabilities to notify victims upon the discharge from custody of persons found incapacitated to stand trial. Specifically, the new law requires the Commissioner to certify to the court that he or she has complied with the notice provisions and also expands the list of victims that must be notified.

The Executive raised concerns that the agencies required to provide the notice do not always have access to all relevant victim information. Therefore, this bill further strengthens the new law by requiring the district attorney to transmit the names and contact information of victims to the Commissioners to help ensure access to relevant information regarding the identity of victims.

Legislative history

New bill, 2013.

Fiscal implications for state and local governments

None.

Effective date

Immediately,

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