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

                                   308

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ROSENTHAL, GOTTFRIED, GUNTHER, BRONSON, SCARBOR-
  OUGH, HOOPER, MILLER -- Multi-Sponsored  by  --  M.  of  A.  ABINANTI,
  CERETTO, GLICK, LUPARDO, McKEVITT, THIELE -- read once and referred to
  the Committee on Health

AN  ACT  to  amend  the public health law, in relation to witnesses to a
  health care proxy and to amend the penal law, in relation to the crime
  of forgery in the second degree

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

  Section  1.  Paragraph  (a)  of  subdivision  2 of section 2981 of the
public health law, as added by chapter 752  of  the  laws  of  1990,  is
amended to read as follows:
  (a) A competent adult may appoint a health care agent by a health care
proxy,  signed and dated by the adult in the presence of [two] ONE adult
[witnesses] WITNESS who shall also sign the proxy. HOWEVER, A PERSON WHO
RESIDES IN A FACILITY OPERATED OR  LICENSED  BY  THE  OFFICE  OF  MENTAL
HEALTH  OR  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL
SIGN SUCH PROXY IN THE PRESENCE OF TWO ADULT WITNESSES  WHO  SHALL  ALSO
SIGN  THE  PROXY.   Another person, WHO SHALL NOT BE A WITNESS, may sign
and date the health care proxy for the adult if the adult is  unable  to
do  so, at the adult's direction and in the adult's presence, and in the
presence of [two adult] THE WITNESS OR  witnesses  who  shall  sign  the
proxy.  The WITNESS OR witnesses shall state that the principal appeared
to execute  the  proxy  willingly  and  free  from  duress.  The  person
appointed  as  agent shall not act as witness to execution of the health
care proxy.
  S 2. Subdivision 1 of section 170.10 of the penal law, as  amended  by
chapter 949 of the laws of 1984, is amended to read as follows:
  1. A deed, will, codicil, contract, assignment, commercial instrument,
credit  card,  as  that  term is defined in subdivision seven of section

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

                                                           LBD04058-01-5

A. 308                              2

155.00 OF THIS PART, HEALTH CARE PROXY UNDER  ARTICLE  TWENTY-NINE-C  OF
THE  PUBLIC  HEALTH LAW, or other instrument which does or may evidence,
create, transfer, terminate or otherwise affect a legal right, interest,
obligation or status; or
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.