Provides for the reporting of victims of gun violence to the office of mental health for referral to local social services districts for assessment and treatment.
STATE OF NEW YORK
________________________________________________________________________
2447
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sen. HAMILTON -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, in relation to the reporting of
victims of gun violence to the office of mental health
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 5.11 to read as follows:
3 § 5.11 Victims of gun violence; reporting; assessment and treatment.
4 (a) For purposes of this section, the following terms shall have the
5 following meanings:
6 (1) "state agency" shall mean any state department, board, bureau,
7 division, commission, committee, public authority, public benefit corpo-
8 ration, council, office, or other governmental entity performing a
9 governmental or proprietary function for the state;
10 (2) "victim of gun violence" shall mean any person who has been shot
11 by a firearm, threatened by the use of a firearm, witnessed a shooting
12 with a firearm or has a relative who was shot by a firearm, whether or
13 not such person witnessed such shooting;
14 (3) "gun violence" shall mean any act involving the use of a firearm,
15 other than the use of a firearm for sport or recreation;
16 (4) "firearm" shall have the same meaning as set forth in subdivision
17 three of section 265.00 of the penal law; and
18 (5) "relative" shall mean a parent, child, grandparent, grandchild,
19 sibling, aunt, uncle or first cousin.
20 (b) Any state agency that, by or through any investigation, report,
21 procedure, undertaking or any other process obtains knowledge of the
22 identity of a victim of gun violence, shall report the identity of such
23 victim to the office of mental health. The office of mental health
24 shall, in consultation with local social services districts, refer such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00723-01-7
S. 2447 2
1 victim to the social services district in which such victim resides for
2 voluntary assessment and treatment. Such assessment and treatment shall
3 include, but not be limited to, evaluation for post traumatic stress
4 disorder, depression, anger, withdrawal, aggression, sleep disturbances
5 and any other emotional condition associated with exposure to gun
6 violence. Such assessment and treatment shall be made through the coor-
7 dination of necessary state agencies, and shall include the continuation
8 of assessment and treatment of such victims over time and the tracking
9 of the progress made by such victims.
10 (c) The commissioner of mental health shall promulgate such rules and
11 regulations as are necessary to implement the provisions of this
12 section.
13 (d) Nothing in this section shall be construed to require the assess-
14 ment and treatment of any person without the consent of such person.
15 § 2. This act shall take effect on the sixtieth day after it shall
16 have become a law, provided, however, that effective immediately, the
17 addition, amendment and/or repeal of any rule or regulation necessary
18 for the implementation of this act on its effective date is authorized
19 to be made and completed on or before such date.