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

                                  4446

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by M. of A. SCHIMMINGER, JAFFEE, OTIS, SIMOTAS, ENGLEBRIGHT,
  GUNTHER, CLARK, COOK, BRONSON -- Multi-Sponsored by -- M. of A. MAGEE,
  MARKEY, PEOPLES-STOKES, PERRY, SKARTADOS, STECK, THIELE --  read  once
  and referred to the Committee on Codes

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  mental condition of a victim

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

  Section  1.    Section  4504  of  the  civil practice law and rules is
amended by adding a new subdivision (e) to read as follows:
  (E) MENTAL CONDITION OF A VICTIM. UPON RECEIPT OF A GRAND JURY SUBPOE-
NA ISSUED PURSUANT TO SUBDIVISION TWO OF SECTION 610.20 OF THE  CRIMINAL
PROCEDURE  LAW  AND  ENDORSED  BY A JUDGE OF A SUPERIOR COURT, A MEDICAL
PROVIDER MUST, AS INDICATED IN THIS SUBDIVISION, PROVIDE  TO  THE  GRAND
JURY THE MEDICAL RECORDS OF THE PERSON NAMED IN THE SUBPOENA. A JUDGE OF
A  SUPERIOR  COURT  SHALL  ENDORSE SUCH A GRAND JURY SUBPOENA UPON AN EX
PARTE SWORN SHOWING BY A DISTRICT ATTORNEY, OR  OTHER  PROSECUTOR  WHERE
APPROPRIATE,  ESTABLISHING (1) THAT THERE IS REASONABLE CAUSE TO BELIEVE
THAT THE PERSON IN QUESTION IS A MENTALLY DISABLED PERSON, AND (2)  THAT
THERE  IS  REASONABLE  CAUSE  TO BELIEVE THAT THE PERSON IN QUESTION HAS
BEEN THE VICTIM OF FINANCIAL EXPLOITATION. A PERSON IS  "MENTALLY  DISA-
BLED"  FOR  PURPOSES OF THIS SUBDIVISION WHEN THAT PERSON SUFFERS FROM A
MENTAL DISEASE, DEFECT OR CONDITION WHICH RENDERS HIM OR  HER  INCAPABLE
OF  APPRAISING  THE  NATURE  OF  THE  CONDUCT CONSTITUTING THE FINANCIAL
EXPLOITATION. UPON RECEIPT  OF  SUCH  AN  ENDORSED  SUBPOENA  A  MEDICAL
PROVIDER,  INCLUDING  BUT  NOT  LIMITED  TO A PHYSICIAN, PSYCHOLOGIST OR
NURSE, SHALL BE REQUIRED TO DISCLOSE INFORMATION RELATING TO THE  MENTAL
OR  COGNITIVE  CONDITION  OF  THE  PERSON  IN  QUESTION THAT THE MEDICAL
PROVIDER ACQUIRED IN ATTENDING THE PERSON IN  A  PROFESSIONAL  CAPACITY,
AND WHICH WAS NECESSARY TO ENABLE HIM OR HER TO ACT IN THAT CAPACITY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01978-01-5