Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to correction |
Jan 27, 2009 |
referred to correction |
Assembly Bill A3493
2009-2010 Legislative Session
Sponsored By
AUBRY
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
Actions
2009-A3493 (ACTIVE) - Details
2009-A3493 (ACTIVE) - Summary
Ensures that employees of the OMH who work in prison mental health units receive the same immunity from civil damages as other state employees who work in prisons; civil actions cannot be brought in state court against any office of mental health officer or employee providing mental health services in a department of correctional services facility in his or her personal capacity for acts or omissions within the scope of employment.
2009-A3493 (ACTIVE) - Bill Text download pdf
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: Section 1. Section 24 of the correction law, as added by chapter 283 of the laws of 1972 and subdivision 3 as amended by chapter 466 of the laws of 1978, is amended to read as follows: S 24. Civil actions against department personnel AND PERSONNEL OF THE OFFICE OF MENTAL HEALTH IN DEPARTMENT FACILITIES. 1. No civil action shall be brought in any court of the state, except by the attorney general on behalf of the state, against any officer or employee of the department, OR ANY OFFICER OR EMPLOYEE OF THE OFFICE OF MENTAL HEALTH WHO PROVIDES SERVICES IN A PROGRAM FOR THE TREATMENT OF MENTALLY ILL INMATES ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED ONE OF THIS CHAP- TER, in his OR HER personal capacity, for damages arising out of any act done or the failure to perform any act within the scope of the employ- ment and in the discharge of the duties by such officer or employee. 2. Any claim for damages arising out of any act done or the failure to perform any act within the scope of the employment and in the discharge of the duties of any officer or employee of the department, OR ANY OFFI- CER OR EMPLOYEE OF THE OFFICE OF MENTAL HEALTH WHO PROVIDES SERVICES IN A PROGRAM FOR THE TREATMENT OF MENTALLY ILL INMATES ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED ONE OF THIS CHAPTER, shall be brought and main- tained in the court of claims as a claim against the state. 3. This section shall apply with respect to claims arising on or after the effective date of this section. S 2. This act shall take effect immediately, and the provisions of this act shall apply with respect to claims arising on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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