Assembly Bill A5287

2023-2024 Legislative Session

Relates to involuntary emergency admission of persons alleged to be mentally ill

download bill text pdf

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-A5287 (ACTIVE) - Details

See Senate Version of this Bill:
S5179
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §9.42, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:
S7878

2023-A5287 (ACTIVE) - Summary

Enacts "Jesse's law" to provide that a person subject to involuntary emergency admission for immediate observation, care, and treatment of mental illness shall have the right to select the hospital they are admitted to.

2023-A5287 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5287
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to involuntary emer-
   gency admission of persons alleged to be mentally ill
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 "Jesse's law".
   § 2.  The mental hygiene law is amended by adding a new  section  9.42
 to read as follows:
 § 9.42 PATIENT'S  RIGHT  TO  CHOOSE A QUALIFIED HOSPITAL FOR INVOLUNTARY
          EMERGENCY ADMISSION.
   IN THE EVENT THAT A POLICE OFFICER OR PEACE OFFICER  IS  INVOLUNTARILY
 REMOVING  A PERSON TO A HOSPITAL UNDER THE PROVISIONS OF SECTION 9.41 OF
 THIS ARTICLE, THAT PERSON MAY CHOOSE THE HOSPITAL TO WHICH HE OR SHE  IS
 ADMITTED  AS LONG AS THE HOSPITAL MEETS THE CRITERIA SPECIFIED IN SUBDI-
 VISION (A) OF SECTION 9.39 OF  THIS  ARTICLE,  HAS  ADEQUATE  SPACE  AND
 STAFFING, AND IS NO MORE THAN FIFTY MILES FROM THE LOCATION AT WHICH THE
 PERSON IS TAKEN INTO CUSTODY.
   §  3. Within 60 days of the effective date of this act, the department
 of mental hygiene shall distribute to each county sheriff a list of  all
 hospitals that meet the criteria specified in subdivision (a) of section
 9.39  of  the  mental  hygiene  law.  The department shall distribute an
 updated list any time a hospital gains or loses 9.39 certification.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09132-01-3

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