What's happening
This bill amends the state constitution to require, rather than permit, state and local authorities to provide for mental health care and protection.
Why it matters
Elevates mental health to the same constitutional importance as physical health. this means state and local governments are now equally responsible for both, signaling mental health is not a secondary concern but a public priority.
Shifts from optional to mandatory government action. , requiring rather than simply permitting state and local authorities to provide mental health care and protection. This could lead to more robust and consistent mental health services, regardless of changes in political will or budget pressures.
Strengthens the legal foundation for mental health policy. , potentially empowering advocates and individuals to hold the government accountable if adequate mental health care and protections are not provided, possibly influencing future court decisions and policy funding.
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Who cares
New Yorkers with mental disorders
The proposed constitutional amendments would make state and local provision of their care and treatment mandatory rather than optional.
State and local authorities
They would be constitutionally required to provide mental health protection, with the Legislature determining how.
State legislators
The amendments would require them to determine how authorities provide mental health care and protection.
Mental health advocates
The amendments would explicitly recognize both physical and mental health as matters of public concern requiring state and local provision.
Headline styles
Protect Mental Health Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- To attorney-general for opinion
- Print number 10225a
- Amend (t) and recommit to mental health
- Opinion referred to judiciary
- To attorney-general for opinion
- 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 Mental Health Care
In Senate Committee · Judiciary · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10225--A
IN ASSEMBLY
March 27, 2020
Introduced by M. of A. BARRETT -- read once and referred to the Committee on Mental Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to sections 3 and 4 of article 17 of the constitution, in relation to the protection and promotion of the mental health of New Yorkers
Section 1. Resolved (If the Senate concur), That section 3 of article 17 of the constitution be amended to read as follows:
§ 3. The protection and promotion of the physical and mental health of the inhabitants of the state are matters of public concern and provision therefor shall be made by the state and by such of its subdivisions and in such manner, and by such means as the legislature shall from time to time determine.
§ 2. Resolved (If the Senate concur), That section 4 of article 17 of the constitution be amended to read as follows:
§ 4. The care and treatment of persons suffering from mental disorder or defect and the protection of the mental health of the inhabitants of the state [may] shall be provided by state and local authorities and in such manner as the legislature [may] shall from time to time determine. The head of the department of mental hygiene shall visit and inspect, or cause to be visited and inspected by members of his or her staff, all institutions either public or private used for the care and treatment of persons suffering from mental disorder or defect.
§ 3. Resolved (If the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89157-02-0
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.