Assembly Bill A2519

2009-2010 Legislative Session

Relates to the rights of former outpatients of mental health facilities to have files sealed after ten years

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Archive: Last 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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2009-A2519 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง33.14, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3092
2013-2014: A4237
2015-2016: A2537
2017-2018: A1596
2019-2020: A4114
2021-2022: A1787
2023-2024: A4795

2009-A2519 (ACTIVE) - Summary

Authorizes former outpatients of mental health facilities to request a court of competent jurisdiction to render an order to have their files sealed when more than ten years have elapsed since the last treatment in such facility, they are not currently being treated for mental illness and it would be in the best interests of the petitioner and society to seal such record without the requirement of a special proceeding.

2009-A2519 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2519

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Mental Health, Mental Retardation and  Developmental  Disabili-
  ties

AN  ACT to amend the mental hygiene law, in relation to directing courts
  of law, upon request, to seal the files of certain former  outpatients
  of mental health facilities after ten years

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (b) of section 33.14 of the mental hygiene  law
is relettered subdivision (c) and a new subdivision (b) is added to read
as  follows:
  (B)  (1)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, UPON
REQUEST BY A PERSON WHO HAS BEEN ADMITTED TO RECEIVE INPATIENT OR OUTPA-
TIENT SERVICES FOR MENTAL ILLNESS, A  COURT  OF  COMPETENT  JURISDICTION
SHALL  RENDER  AN  ORDER  DIRECTING  THE  SEALING OF RECORDS HELD BY THE
OFFICE OF MENTAL HEALTH, A FACILITY, OR ANY OTHER INDIVIDUAL  OR  PUBLIC
OR  PRIVATE  ENTITY,  WHICH IDENTIFY A PERSON AS A RECIPIENT OF SERVICES
FOR MENTAL ILLNESS, SUBJECT TO SUCH LIMITATIONS  OR  EXCEPTIONS  AS  THE
COURT  MAY  IMPOSE,  UPON  A FINDING THAT COMPETENT MEDICAL EVIDENCE HAS
DEMONSTRATED THAT THE PERSON IDENTIFIED IN SUCH RECORDS IS NOT CURRENTLY
SUFFERING FROM A MENTAL ILLNESS, HAS NOT  FOR  A  PERIOD  OF  TEN  YEARS
RECEIVED  OUTPATIENT SERVICES FOR THE TREATMENT OF A MENTAL ILLNESS, AND
THE INTERESTS OF SUCH PERSON AND SOCIETY WOULD BEST BE SERVED BY SEALING
SUCH PERSON'S RECORDS. IT SHALL BE PRESUMED THAT IT WOULD BE IN THE BEST
INTERESTS OF SUCH PERSON AND SOCIETY TO SEAL ANY RECORD  OF  A  PERSON'S
RECEIPT  OF SERVICES FOR THE TREATMENT OF MENTAL ILLNESS PRIOR TO HIS OR
HER SIXTEENTH BIRTHDAY.
  (2) SUCH REQUEST SHALL BE IN A FORM PRESCRIBED BY THE COURT AND  SHALL
INCLUDE  AN  AFFIDAVIT  EXECUTED  BY  SUCH PETITIONER AND FILED WITH THE
COURT ALONG WITH COMPETENT MEDICAL EVIDENCE PURSUANT TO PARAGRAPH ONE OF
THIS SUBDIVISION. A PETITIONER SHALL  NOT  BE  REQUIRED  TO  COMMENCE  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01577-01-9
              

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