Bill Text: NY S05141 | 2015-2016 | 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) 2016-01-06 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S05141 Detail]

Download: New_York-2015-S05141-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5141
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 4, 2015
                                      ___________
       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  S 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.
                                                                  LBD10575-01-5
       S. 5141                             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    S 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.