Assembly Bill A1219

2017-2018 Legislative Session

Relates to witnesses to a health care proxy and the crime of forgery in the second degree

download bill text pdf

Sponsored By

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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2017-A1219 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L; amd §170.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3787
2011-2012: A2186
2013-2014: A619
2015-2016: A308
2019-2020: A611
2021-2022: A1303
2023-2024: A385

2017-A1219 (ACTIVE) - Summary

Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; also includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

2017-A1219 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1219
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M. of A. ROSENTHAL, GOTTFRIED, GUNTHER, BRONSON, HOOPER,
   M. G. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI, BLAKE, 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.
   § 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
 155.00 OF THIS PART, HEALTH CARE PROXY UNDER  ARTICLE  TWENTY-NINE-C  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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