Bill Text: NY S07671 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-05-30 - PRINT NUMBER 7671A [S07671 Detail]

Download: New_York-2013-S07671-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7671--A
                                   I N  S E N A T E
                                     May 27, 2014
                                      ___________
       Introduced  by Sens. TKACZYK, KRUEGER, LATIMER -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Mental
         Health  and  Developmental  Disabilities -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to amend the executive law, in relation to the right to counsel
         for persons who receive services through the office of  mental  health
         or  the  office for people with developmental disabilities for certain
         investigations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  25    of section 553 of the executive law is
    2  amended by adding two new paragraphs (c) and (d) to read as follows:
    3    (C) ANY PERSON WHO IS THE RECIPIENT OF SERVICES THROUGH THE OFFICE  OF
    4  MENTAL  HEALTH  OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
    5  OPERATED OR LICENSED AGENCY OR FACILITY, AND IS INTERVIEWED AS  PART  OF
    6  AN  INVESTIGATION  CONDUCTED BY OR ON THE PART OF THE JUSTICE CENTER FOR
    7  THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL HAVE THE RIGHT TO  BE
    8  REPRESENTED  BY  THE MENTAL HYGIENE LEGAL SERVICE, OR PRIVATELY FINANCED
    9  COUNSEL, AT ALL STAGES OF THE PROCEEDINGS.
   10    (D) PRIOR TO ANY INTERVIEW OF A PERSON AS DESCRIBED IN  PARAGRAPH  (C)
   11  OF  THIS  SUBDIVISION,  NOTICE  MUST  BE  GIVEN TO THE PARENT, PERSON IN
   12  PARENTAL RELATION, OR LEGAL GUARDIAN OF THAT PERSON,  IF  ANY,  THAT  AN
   13  INTERVIEW IS TO BE CONDUCTED.
   14    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15351-02-4