Assembly Bill A1303

2021-2022 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

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

co-Sponsors

multi-Sponsors

2021-A1303 (ACTIVE) - Details

See Senate Version of this Bill:
S8279
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
2017-2018: A1219
2019-2020: A611
2023-2024: A385

2021-A1303 (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; includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

2021-A1303 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1303
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL, GOTTFRIED, GUNTHER, BRONSON --
   Multi-Sponsored by -- M. of A. ABINANTI,  GLICK,  LUPARDO,  McDONOUGH,
   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 amended by chapter 708 of the  laws  of  2019,  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
 THE PUBLIC HEALTH LAW, or other instrument which does or  may  evidence,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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.