What's happening
This bill guarantees the right to legal counsel and notification for individuals receiving mental health or developmental disability services during certain investigations.
Why it matters
Ensures vulnerable individuals—those receiving mental health or developmental disability services—are not alone during official investigations, potentially reducing the risk of coercion or misunderstanding during interviews.
Requires that families or guardians are notified before interviews happen, improving transparency and enabling support for the person being questioned, which may lead to fairer processes and better outcomes.
Guarantees access to either publicly funded (mental hygiene legal service) or privately retained counsel, helping to level the playing field for people who might otherwise lack resources or understanding of their rights.
Could increase trust in the investigative process and protect the legal rights of people who may be less able to advocate for themselves due to their mental health or developmental status.
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Who cares
Headline styles
Guarantee Legal Aid for Patients
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to mental health and developmental disabilities
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.906
- Reported
- Referred to ways and means
- Reported referred to ways and means
- Reported referred to codes
- Referred to mental health
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.
Guarantee Legal Aid in Investigations
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor Robert Ortt
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3135
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. GUNTHER, JAFFEE, ABINANTI, M. G. MILLER, WEPRIN, SIMON, MOSLEY, TITONE, MONTESANO -- read once and referred to the Committee on Mental Health
AN ACT to amend the executive law, in relation to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 25 of section 553 of the executive law is amended by adding two new paragraphs (c) and (d) to read as follows:
(c) Any person who is the recipient of services through the office of mental health or the office for people with developmental disabilities operated or licensed agency or facility, and is interviewed as part of an investigation conducted by or on the part of the justice center for the protection of people with special needs, shall have the right to be represented by the mental hygiene legal service, or privately financed counsel, at all stages of the proceedings.
(d) Prior to any interview of a person as described in paragraph (c) of this subdivision, notice must be given to the parent, person in parental relation, or legal guardian of that person, if any, that an interview is to be conducted.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02528-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.