What's happening
This bill creates a new class C felony for intentionally assaulting patients in mental health or developmental disability facilities.
Why it matters
Significantly increases penalties for violence against a particularly vulnerable population. patients in mental health or developmental disability facilities—by creating a specific felony offense, which could serve as a stronger deterrent against abuse.
Holds facility staff and others more accountable. for assaults within licensed or state-operated facilities, potentially leading to greater scrutiny of hiring, training, and supervision practices in these environments.
Highlights the state’s commitment to protecting the rights and safety of individuals with mental health conditions or developmental disabilities. , signaling to the public and families that abuse in institutional settings will be treated with greater seriousness.
May lead to changes in reporting and investigation procedures. within facilities, as the threat of felony charges could prompt more rigorous documentation and response to allegations of patient abuse.
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Who cares
Headline styles
Felony for Assaulting Patients
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1283
- Referred to codes
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6658
2017-2018 Regular Sessions
IN SENATE
June 9, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to establishing the class C felony of assault of a patient in a mental health or developmental disability facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 120.05-a to read as follows: § 120.05-a Assault of a patient in a mental health or developmental
disability facility.
A person is guilty of assault of a patient in a mental health or developmental disability facility when with intent to cause physical injury to a patient residing in a facility operated, licensed or certified by the office of mental health or the office for people with developmental disabilities, he or she causes such injury to such person.
Assault of a patient in a mental health or developmental disability facility is a class C felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13148-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the class C felony of assault of a patient in a mental health or developmental disability facility
Purpose
Establishes the class C felony of assault of a patient in a mental health or developmental disability facility
Summary of provisions
Section one is amended by adding a new section 120.05-a to the penal law to establish that assault of a patient in a mental health or develop- mental disability facility when with intent to cause physical injury to a patient, he or she causes such injury to such person is a class C felony.
Section two provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Justification
Targeting the most vulnerable of our society is unacceptable and repre- hensible. Mental health and developmental disability facilities are meant to be a safe haven for those who require special care. Families trust that their loved ones are in good hands when they go to these facilities. Aiming to protect those who cannot protect themselves, this bill rightfully provides that the penalty for an assault on these patients is increased.
Prior legislative history
2017: S.6658 - Referred to Rules
Fiscal implications for state and local government
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.