Add §7.49, Ment Hyg L; amd §§120.90 & 140.20, CP L
Requires the office of mental health to create a mental health evaluation form to determine whether arrested individuals have the proper mental capacity to make decisions regarding their arrest; requires arrested individuals to be given such mental health evaluation form; directs that if an individual fails such mental health evaluation, a representative will be appointed for such individual regarding arrest proceedings.
STATE OF NEW YORK
________________________________________________________________________
1068
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law and the criminal procedure law,
in relation to requiring individuals to be given a mental health eval-
uation form
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 7.49 to read as follows:
3 § 7.49 Mental health evaluations pursuant to arrest.
4 1. The office of mental health shall develop a mental health evalu-
5 ation form for the purpose of evaluating whether an individual who has
6 been arrested has proper mental capacity to make decisions regarding the
7 investigation or prosecution of such individual. The office of mental
8 health shall create parameters that shall designate whether an individ-
9 ual who has completed such form has passed or failed such evaluation.
10 The office of mental health shall create an instruction manual for the
11 application of such parameters by police officers.
12 2. The office of mental health shall distribute the mental health
13 evaluation form and the instruction manual required to be created under
14 subdivision one of this section to all police departments in the state.
15 3. The office of mental health shall complete the requirements under
16 subdivisions one and two of this section no later than six months after
17 the effective date of this section.
18 § 2. Section 120.90 of the criminal procedure law is amended by adding
19 a new subdivision 9 to read as follows:
20 9. Upon arresting a defendant for any offense pursuant to a warrant of
21 arrest, a police officer shall direct such defendant to complete the
22 mental health evaluation form created pursuant to section 7.49 of the
23 mental hygiene law. If such defendant is deemed to fail such mental
24 health evaluation, under parameters set by the office of mental health,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03035-01-5
A. 1068 2
1 such defendant's next of kin, or individual as designated by such
2 person, shall act as such defendant's representative for all decision-
3 making regarding the investigation or prosecution of such defendant.
4 § 3. Section 140.20 of the criminal procedure law is amended by adding
5 a new subdivision 9 to read as follows:
6 9. Upon arresting a person for any offense without a warrant, a police
7 officer shall direct such person to complete the mental health evalu-
8 ation form created pursuant to section 7.49 of the mental hygiene law.
9 If such person is deemed to fail such mental health evaluation, under
10 parameters set by the office of mental health, such person's next of
11 kin, or individual as designated by such person, shall act as such
12 person's representative for all decision-making regarding the investi-
13 gation or prosecution of such person.
14 § 4. This act shall take effect immediately; provided, however, that
15 sections two and three of this act shall take effect one year after it
16 shall have become a law.
