Assembly Bill A385

2023-2024 Legislative Session

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

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Sponsored By

Current 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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2023-A385 (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
2017-2018: A1219
2019-2020: A611
2021-2022: A1303

2023-A385 (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.

2023-A385 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    385
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, GUNTHER, BRONSON -- Multi-Sponsored
   by  --  M.  of  A.  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.
                                                            LBD00760-01-3

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