Bill Text: NY S02447 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides for the reporting of victims of gun violence to the office of mental health for referral to local social services districts for assessment and treatment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S02447 Detail]

Download: New_York-2017-S02447-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2447
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities
        AN ACT to amend the mental hygiene law, in relation to the reporting  of
          victims of gun violence to the office of mental health
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  5.11 to read as follows:
     3  § 5.11 Victims of gun violence; reporting; assessment and treatment.
     4    (a)  For  purposes of this section, the following terms shall have the
     5  following meanings:
     6    (1) "state agency" shall mean any  state  department,  board,  bureau,
     7  division, commission, committee, public authority, public benefit corpo-
     8  ration,  council,  office,  or  other  governmental  entity performing a
     9  governmental or proprietary function for the state;
    10    (2) "victim of gun violence" shall mean any person who has  been  shot
    11  by  a  firearm, threatened by the use of a firearm, witnessed a shooting
    12  with a firearm or has a relative who was shot by a firearm,  whether  or
    13  not such person witnessed such shooting;
    14    (3)  "gun violence" shall mean any act involving the use of a firearm,
    15  other than the use of a firearm for sport or recreation;
    16    (4) "firearm" shall have the same meaning as set forth in  subdivision
    17  three of section 265.00 of the penal law; and
    18    (5)  "relative"  shall  mean a parent, child, grandparent, grandchild,
    19  sibling, aunt, uncle or first cousin.
    20    (b) Any state agency that, by or through  any  investigation,  report,
    21  procedure,  undertaking  or  any  other process obtains knowledge of the
    22  identity of a victim of gun violence, shall report the identity of  such
    23  victim  to  the  office  of  mental  health. The office of mental health
    24  shall, in consultation with local social services districts, refer  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00723-01-7
        S. 2447                             2
     1  victim  to the social services district in which such victim resides for
     2  voluntary assessment and treatment. Such assessment and treatment  shall
     3  include,  but  not  be  limited to, evaluation for post traumatic stress
     4  disorder,  depression, anger, withdrawal, aggression, sleep disturbances
     5  and any other  emotional  condition  associated  with  exposure  to  gun
     6  violence.  Such assessment and treatment shall be made through the coor-
     7  dination of necessary state agencies, and shall include the continuation
     8  of assessment and treatment of such victims over time and  the  tracking
     9  of the progress made by such victims.
    10    (c)  The commissioner of mental health shall promulgate such rules and
    11  regulations as  are  necessary  to  implement  the  provisions  of  this
    12  section.
    13    (d)  Nothing in this section shall be construed to require the assess-
    14  ment and treatment of any person without the consent of such person.
    15    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    16  have  become  a  law, provided, however, that effective immediately, the
    17  addition, amendment and/or repeal of any rule  or  regulation  necessary
    18  for  the  implementation of this act on its effective date is authorized
    19  to be made and completed on or before such date.