STATE OF NEW YORK
________________________________________________________________________
1855
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
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Introduced by M. of A. SCHIMMINGER, JAFFEE, OTIS, SIMOTAS, ENGLEBRIGHT,
GUNTHER, COOK, BRONSON -- Multi-Sponsored by -- M. of A.
PEOPLES-STOKES, PERRY, STECK, THIELE -- read once and referred to the
Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to the
mental condition of a victim
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4504 of the civil practice law and rules is
2 amended by adding a new subdivision (e) to read as follows:
3 (e) Mental condition of a victim. Upon receipt of a grand jury subpoe-
4 na issued pursuant to subdivision two of section 610.20 of the criminal
5 procedure law and endorsed by a judge of a superior court, a medical
6 provider must, as indicated in this subdivision, provide to the grand
7 jury the medical records of the person named in the subpoena. A judge of
8 a superior court shall endorse such a grand jury subpoena upon an ex
9 parte sworn showing by a district attorney, or other prosecutor where
10 appropriate, establishing (1) that there is reasonable cause to believe
11 that the person in question is a mentally disabled person, and (2) that
12 there is reasonable cause to believe that the person in question has
13 been the victim of financial exploitation. A person is "mentally disa-
14 bled" for purposes of this subdivision when that person suffers from a
15 mental disease, defect or condition which renders him or her incapable
16 of appraising the nature of the conduct constituting the financial
17 exploitation. Upon receipt of such an endorsed subpoena a medical
18 provider, including but not limited to a physician, psychologist or
19 nurse, shall be required to disclose information relating to the mental
20 or cognitive condition of the person in question that the medical
21 provider acquired in attending the person in a professional capacity,
22 and which was necessary to enable him or her to act in that capacity.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03932-01-9
