S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3289
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. SCHIMMINGER, JAFFEE, OTIS, SIMOTAS, ENGLEBRIGHT,
   GUNTHER, COOK, BRONSON --  Multi-Sponsored  by  --  M.  of  A.  MAGEE,
   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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08632-01-7