Bill Text: NY A00611 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 611 (Prior Session Legislation)

Introduced

Bill Title: Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; also includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A00611 Detail]

Download: New_York-2019-A00611-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           611
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A.  L. ROSENTHAL,  GOTTFRIED,  GUNTHER, BRONSON,
          M. G. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI, BLAKE, GLICK,
          LUPARDO, McDONOUGH, THIELE -- read once and referred to the  Committee
          on Health
        AN  ACT  to  amend  the public health law, in relation to witnesses to a
          health care proxy and to amend the penal law, in relation to the crime
          of forgery in the second degree
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of  subdivision  2 of section 2981 of the
     2  public health law, as amended by chapter 342 of the  laws  of  2018,  is
     3  amended to read as follows:
     4    (a) A competent adult may appoint a health care agent by a health care
     5  proxy,  signed and dated by the adult in the presence of [two] one adult
     6  [witnesses] witness who shall also sign the proxy. However, a person who
     7  resides in a facility operated or  licensed  by  the  office  of  mental
     8  health  or  the office for people with developmental disabilities, shall
     9  sign such proxy in the presence of two adult witnesses  who  shall  also
    10  sign the proxy. Another person, who shall not be a witness, may sign and
    11  date  the  health  care proxy for the adult if the adult is unable to do
    12  so, at the adult's direction and in the adult's  presence,  and  in  the
    13  presence  of  [two  adult]  the  witness or witnesses who shall sign the
    14  proxy. The witness or witnesses shall state that the principal  appeared
    15  to  execute  the  proxy  willingly  and  free  from  duress.  The person
    16  appointed as agent shall not act as witness to execution of  the  health
    17  care proxy.
    18    §  2.  Subdivision 1 of section 170.10 of the penal law, as amended by
    19  chapter 949 of the laws of 1984, is amended to read as follows:
    20    1. A deed, will, codicil, contract, assignment, commercial instrument,
    21  credit card, as that term is defined in  subdivision  seven  of  section
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04862-02-9

        A. 611                              2
     1  155.00  of  this  part, health care proxy under article twenty-nine-C of
     2  the public health law, or other instrument which does or  may  evidence,
     3  create, transfer, terminate or otherwise affect a legal right, interest,
     4  obligation or status; or
     5    §  3.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.