What's happening
This bill allows grand juries access to medical records about a victim’s mental condition if financial exploitation of a mentally disabled person is suspected.
Why it matters
Facilitates investigation of financial crimes against vulnerable individuals. By allowing grand juries to access medical records specifically related to a victim’s mental or cognitive condition, this bill aims to make it easier to determine if someone is being financially exploited due to a mental disability.
Requires judicial oversight for privacy protection. The bill mandates that a judge must review and endorse any grand jury subpoena seeking such records, which is only permitted after a sworn statement from a prosecutor demonstrates reasonable cause on both the victim’s mental incapacity and the likelihood of financial exploitation.
Narrowly defines who is considered “mentally disabled”. The legislation specifies that only those whose mental disease, defect, or condition renders them incapable of understanding financial exploitation are covered, ensuring the law targets the most vulnerable without broadly infringing on privacy.
Overrides traditional medical confidentiality in specific cases. Normally, medical providers are barred from disclosing patient information, but this bill creates a focused exception—important for building criminal cases where the victim’s mental state is central to proving exploitation.
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Who cares
Headline styles
Allow Victim Mental Records Access
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3289
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. SCHIMMINGER, JAFFEE, OTIS, SIMOTAS, ENGLEBRIGHT, GUNTHER, COOK, BRONSON -- Multi-Sponsored by -- M. of A. MAGEE, PEOPLES-STOKES, PERRY, SKARTADOS, STECK, THIELE -- read once and referred to the Committee on Codes
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 Assembly, do enact as follows:
Section 1. Section 4504 of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows:
(e) Mental condition of a victim. Upon receipt of a grand jury subpoena issued pursuant to subdivision two of section 610.20 of the criminal procedure law and endorsed by a judge of a superior court, a medical provider must, as indicated in this subdivision, provide to the grand jury the medical records of the person named in the subpoena. A judge of a superior court shall endorse such a grand jury subpoena upon an ex parte sworn showing by a district attorney, or other prosecutor where appropriate, establishing (1) that there is reasonable cause to believe that the person in question is a mentally disabled person, and (2) that there is reasonable cause to believe that the person in question has been the victim of financial exploitation. A person is "mentally disabled" for purposes of this subdivision when that person suffers from a mental disease, defect or condition which renders him or her incapable of appraising the nature of the conduct constituting the financial exploitation. Upon receipt of such an endorsed subpoena a medical provider, including but not limited to a physician, psychologist or nurse, shall be required to disclose information relating to the mental or cognitive condition of the person in question that the medical provider acquired in attending the person in a professional capacity, and which was necessary to enable him or her to act in that capacity.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08632-01-7
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.