What's happening
This bill ensures vulnerable adults or individuals with disabilities have the right to legal representation and notification during Justice Center investigations.
Why it matters
Strengthens legal protections. for vulnerable adults and individuals with disabilities by guaranteeing their right to have legal counsel—either from the Mental Hygiene Legal Service or privately retained—present throughout every stage of Justice Center investigations, which may help prevent coercion or misunderstanding during interviews.
Removes agency discretion. regarding notification; the bill eliminates language that previously allowed the Justice Center to withhold notifying a personal representative “when at all advisable,” meaning notification is now mandatory, likely increasing oversight and advocacy for the individual being interviewed.
Empowers individuals and their advocates. by explicitly acknowledging both the right to legal representation and the role that personal representatives can play in providing information to protect the individual's safety and wellbeing, which may lead to more informed and fair investigative processes.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Rights During Investigations
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 127
No co-sponsors yet.
History
- Referred to mental health
- 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.
Protect Rights for Disabled
In Senate Committee · Finance · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6410
2017-2018 Regular Sessions
IN ASSEMBLY
March 7, 2017
Introduced by M. of A. STIRPE -- read once and referred to the Committee on Mental Health
AN ACT to amend the executive law, in relation to ensuring the rights of an individual with a disability or a vulnerable adult during investigations conducted by the justice center
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 28 of section 553 of the executive law, as added by chapter 394 of the laws of 2014, is amended to read as follows:
(i) For those vulnerable persons subject to an interview, the justice center shall develop appropriate procedures and protocols to ensure that any interview is conducted safely and in a timely fashion in light of relevant clinical, behavioral and other facts relating to the individual's disability, safety and wellbeing. Such protocols and procedures shall also recognize the right of a vulnerable person to be represented by the mental hygiene legal service, or privately financed counsel, at all stages of the proceedings, and any ability the vulnerable person may have to advocate on his or her own behalf by providing information to facilitate an investigation to enhance his or her own safety and wellbeing and the safety and wellbeing of others.
§ 2. Subparagraph (iii) of paragraph (b) of subdivision 28 of section 553 of the executive law, as added by chapter 394 of the laws of 2014, is amended to read as follows:
(iii) Appropriate notification[, when at all advisable given the nature of an investigation] shall be given to a personal representative that a vulnerable person shall be questioned or subject to an interview and to enable such personal representative to provide any information which they believe is necessary to protect the individual;
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01800-01-7
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.