Assembly Bill A10100

2023-2024 Legislative Session

Requires arrested individuals to be given a mental health evaluation form

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A10100 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §7.49, Ment Hyg L; amd §§120.90 & 140.20, CP L

2023-A10100 (ACTIVE) - Summary

Requires the office of mental health to create a mental health evaluation form to determine whether arrested individuals have the proper mental capacity to make decisions regarding their arrest; requires arrested individuals to be given such mental health evaluation form; directs that if an individual fails such mental health evaluation, a representative will be appointed for such individual regarding arrest proceedings.

2023-A10100 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10100
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Mental Health
 
 AN ACT to amend the mental hygiene law and the criminal  procedure  law,
   in relation to requiring individuals to be given a mental health eval-
   uation form
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 7.49 to read as follows:
 § 7.49 MENTAL HEALTH EVALUATIONS PURSUANT TO ARREST.
   1.  THE  OFFICE  OF MENTAL HEALTH SHALL DEVELOP A MENTAL HEALTH EVALU-
 ATION FORM FOR THE PURPOSE OF EVALUATING WHETHER AN INDIVIDUAL  WHO  HAS
 BEEN ARRESTED HAS PROPER MENTAL CAPACITY TO MAKE DECISIONS REGARDING THE
 INVESTIGATION  OR  PROSECUTION  OF SUCH INDIVIDUAL. THE OFFICE OF MENTAL
 HEALTH SHALL CREATE PARAMETERS THAT SHALL DESIGNATE WHETHER AN  INDIVID-
 UAL  WHO  HAS  COMPLETED SUCH FORM HAS PASSED OR FAILED SUCH EVALUATION.
 THE OFFICE OF MENTAL HEALTH SHALL CREATE AN INSTRUCTION MANUAL  FOR  THE
 APPLICATION OF SUCH PARAMETERS BY POLICE OFFICERS.
   2.  THE  OFFICE  OF  MENTAL  HEALTH SHALL DISTRIBUTE THE MENTAL HEALTH
 EVALUATION FORM AND THE INSTRUCTION MANUAL REQUIRED TO BE CREATED  UNDER
 SUBDIVISION ONE OF THIS SECTION TO ALL POLICE DEPARTMENTS IN THE STATE.
   3.  THE  OFFICE OF MENTAL HEALTH SHALL COMPLETE THE REQUIREMENTS UNDER
 SUBDIVISIONS ONE AND TWO OF THIS SECTION NO LATER THAN SIX MONTHS  AFTER
 THE EFFECTIVE DATE OF THIS SECTION.
   § 2. Section 120.90 of the criminal procedure law is amended by adding
 a new subdivision 9 to read as follows:
   9. UPON ARRESTING A DEFENDANT FOR ANY OFFENSE PURSUANT TO A WARRANT OF
 ARREST,  A  POLICE  OFFICER  SHALL DIRECT SUCH DEFENDANT TO COMPLETE THE
 MENTAL HEALTH EVALUATION FORM CREATED PURSUANT TO SECTION  7.49  OF  THE
 MENTAL  HYGIENE  LAW.  IF  SUCH  DEFENDANT IS DEEMED TO FAIL SUCH MENTAL
 HEALTH EVALUATION, UNDER PARAMETERS SET BY THE OFFICE OF MENTAL  HEALTH,
 SUCH  DEFENDANT'S  NEXT  OF  KIN,  OR  INDIVIDUAL  AS DESIGNATED BY SUCH
 PERSON, SHALL ACT AS SUCH DEFENDANT'S REPRESENTATIVE FOR  ALL  DECISION-
 MAKING REGARDING THE INVESTIGATION OR PROSECUTION OF SUCH DEFENDANT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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