Senate Bill S301

2015-2016 Legislative Session

Relates to death and felony crime reports in certain adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-S301 (ACTIVE) - Details

See Assembly Version of this Bill:
A3829
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §461-m, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9554
2011-2012: A565
2013-2014: S7607, A5147
2017-2018: S787, A2702

2015-S301 (ACTIVE) - Summary

Relates to death and felony crime reports in certain adult care facilities.

2015-S301 (ACTIVE) - Sponsor Memo

2015-S301 (ACTIVE) - Bill Text download pdf 

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

                                   301

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation to death and felony
  crime reports in certain adult care facilities

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

  Section 1.  Section 461-m of the social services law,  as  amended  by
section  14  of part D of chapter 501 of the laws of 2012, is amended to
read as follows:
  S 461-m. Death and felony crime reporting. The operator  of  an  adult
home,  ENRICHED  HOUSING  PROGRAM  or residence for adults shall have an
affirmative duty to report any death, or attempted suicide of a resident
to the department OF HEALTH within twenty-four hours of its  occurrence,
and  shall also have an affirmative duty to report to an appropriate law
enforcement authority if [it is believed that] THE OPERATOR DISCOVERS AN
INCIDENT THAT THE OPERATOR BELIEVES OR REASONABLY SHOULD  BELIEVE  WOULD
CONSTITUTE  a  felony crime [may have been committed] against a resident
of such facility as soon as possible, or in  any  event  within  [forty-
eight]  TWENTY-FOUR hours. In addition, [the] ANY operator OF A FACILITY
DEFINED IN SECTION FOUR HUNDRED EIGHTY-EIGHT OF  THIS  CHAPTER  THAT  IS
SUBJECT  TO THIS SECTION, shall, IN ADDITION, send any reports involving
a resident who had at any time received services from a  mental  hygiene
service provider to the justice center for the protection of people with
special needs WITHIN TWENTY-FOUR HOURS OF THE OCCURRENCE OF THE DEATH OR
ATTEMPTED  SUICIDE  OR OF THE DISCOVERY OF AN INCIDENT THAT THE OPERATOR
BELIEVED OR REASONABLY SHOULD HAVE BELIEVED TO BE A FELONY CRIME.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law; provided however, that the commissioner of health may
adopt,  amend,  suspend  or repeal any regulations or take other actions
necessary to enforce or implement the law prior to  and  in  preparation
for  the  taking  effect  of  the  law;  and  provided further that such
adoption, amendment, suspension or repeal of regulations shall not  have
legal effect until the law takes effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.