Bill Text: NY A03493 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the correction law, in relation to conforming civil immunity protection for officers or employees of the office of mental health, with the protections afforded to others who serve in correctional facilities operated by the department of correctional services

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-06 - referred to correction [A03493 Detail]

Download: New_York-2009-A03493-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3493
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
         GREENE, MAGEE -- read once and referred to the Committee on Correction
       AN ACT to amend the correction law,  in  relation  to  conforming  civil
         immunity  protection for officers or employees of the office of mental
         health, with the protections afforded to others who serve  in  correc-
         tional facilities operated by the department of correctional services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 24 of the correction law, as added by chapter  283
    2  of  the  laws of 1972 and subdivision 3 as amended by chapter 466 of the
    3  laws of 1978, is amended to read as follows:
    4    S 24. Civil actions against department personnel AND PERSONNEL OF  THE
    5  OFFICE  OF  MENTAL  HEALTH IN DEPARTMENT FACILITIES.  1. No civil action
    6  shall be brought in any court of  the  state,  except  by  the  attorney
    7  general  on  behalf of the state, against any officer or employee of the
    8  department, OR ANY OFFICER OR EMPLOYEE OF THE OFFICE  OF  MENTAL  HEALTH
    9  WHO  PROVIDES  SERVICES  IN  A PROGRAM FOR THE TREATMENT OF MENTALLY ILL
   10  INMATES ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED ONE OF  THIS  CHAP-
   11  TER, in his OR HER personal capacity, for damages arising out of any act
   12  done  or  the failure to perform any act within the scope of the employ-
   13  ment and in the discharge of the duties by such officer or employee.
   14    2. Any claim for damages arising out of any act done or the failure to
   15  perform any act within the scope of the employment and in the  discharge
   16  of the duties of any officer or employee of the department, OR ANY OFFI-
   17  CER  OR EMPLOYEE OF THE OFFICE OF MENTAL HEALTH WHO PROVIDES SERVICES IN
   18  A PROGRAM FOR THE TREATMENT OF MENTALLY ILL INMATES ESTABLISHED PURSUANT
   19  TO SECTION FOUR HUNDRED ONE OF THIS CHAPTER, shall be brought and  main-
   20  tained in the court of claims as a claim against the state.
   21    3. This section shall apply with respect to claims arising on or after
   22  the effective date of this section.
   23    S  2.  This  act  shall take effect immediately, and the provisions of
   24  this act shall apply with respect to claims arising  on  or  after  such
   25  date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00718-01-9