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A10608 Summary:

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A10608 Floor Votes:

A10608 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10608--A
 
                   IN ASSEMBLY
 
                                      June 7, 2012
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
          Dinowitz, Lavine, Simotas, Zebrowski) -- (at request of the Office  of
          Court  Administration)  --  read once and referred to the Committee on
          Judiciary -- reported and referred to the Committee on Rules --  Rules
          Committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to the Committee on Rules
 

        AN ACT to amend the correction  law  and  the  mental  hygiene  law,  in
          relation to the appointment of guardians
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.   Subparagraph (iii) of paragraph b  of  subdivision  2  of
     2  section  168-b  of  the correction law, as amended by chapter 595 of the
     3  laws of 2008 and as further amended by section 104 of part A of  chapter
     4  62 of the laws of 2011, is amended to read as follows:
     5    (iii)  a  court,  to  enable  the  court  to  promptly comply with the
     6  provisions of paragraph (a-1) of subdivision one of section two  hundred
     7  forty  of  the  domestic relations law, [and] subdivision (e) of section
     8  six hundred fifty-one of the family court act, and  subdivision  (g)  of

     9  section 81.19 of the mental hygiene law.
    10    §  2.  Section  81.19 of the mental hygiene law is amended by adding a
    11  new subdivision (g) to read as follows:
    12    (g) 1. In making an appointment or  considering  a  revocation  of  an
    13  appointment  under this article, the court also may obtain and consider,
    14  and may authorize a court evaluator to review the same and report to the
    15  court concerning, any of the following information regarding the guardi-
    16  an or proposed guardian, and, if the  incapacitated  person  resides  or
    17  will reside with such guardian or proposed guardian, any person eighteen
    18  years  or  older  residing in the guardian or proposed guardian's house-
    19  hold:
    20    (i) a criminal history record check of such person or persons; and  in

    21  furtherance  thereof, the court shall be authorized to: (1) obtain a set
    22  of such person's fingerprints; (2) direct that the division of  criminal
    23  justice  services  promptly  provide  to  the  court  a criminal history
    24  record, if any, with respect to such person or  a  statement  that  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15240-05-2
        A. 10608--A                         2
 
     1  person  has  no  criminal  record; and (3) direct the submission of such
     2  person's fingerprints by the division of criminal  justice  services  to

     3  the  federal bureau of investigation for purposes of a nationwide crimi-
     4  nal  history  record  check  pursuant  to and consistent with public law
     5  92-544 to determine if such person has a criminal history in  any  state
     6  or federal jurisdiction;
     7    (ii) reports for such person or persons from the sex offender registry
     8  established and maintained pursuant to section one hundred sixty-eight-b
     9  of the correction law;
    10    (iii)  indicated reports for such person or persons from the statewide
    11  central register of child abuse and maltreatment established  and  main-
    12  tained  pursuant  to  section  four  hundred  twenty-two  of  the social
    13  services law, upon a finding by the court, pursuant to  paragraph  e  of

    14  subdivision four of such section, that such information is necessary for
    15  the court to determine whether to make or continue an appointment pursu-
    16  ant to this article;
    17    (iv) reports for such person or person from the statewide computerized
    18  registry  of orders of protection established and maintained pursuant to
    19  section two hundred twenty-one-a of the executive law; and
    20    (v) related decisions in court proceedings initiated pursuant to arti-
    21  cle ten of the family court act and related warrants  issued  under  the
    22  family court act.
    23    2.  The  court shall obtain and consider records and reports specified
    24  in paragraph one of this subdivision between the time the judge executes

    25  the order to show cause and the hearing date of the order to show  cause
    26  if a guardian or guardians are proposed in the petition or, as soon as a
    27  guardian or guardians are proposed by a party to the proceeding or nomi-
    28  nated  by  the  person  alleged to be incapacitated, during a proceeding
    29  under this article.
    30    3. Upon consideration of all factors bearing on the best interests  of
    31  the incapacitated person including consideration of all relevant factors
    32  in  section seven hundred fifty-three of the correction law, the records
    33  and reports specified in paragraph one  of  this  subdivision,  and  the
    34  court  evaluator's  report thereon, and after notifying counsel involved
    35  in the proceeding, or in the event of a self-represented party notifying

    36  such party, the court may appoint,  refuse  to  appoint  or  revoke  the
    37  appointment of any person as guardian pursuant to this article.
    38    4.  Where  the  court  requests a criminal history record for a person
    39  pursuant to this section, the court shall provide  the  subject  of  the
    40  request  with  a  copy  of his or her criminal history record, if any, a
    41  reasonable time before consideration of such record under this  subdivi-
    42  sion  and  inform  such person of his or her right to seek correction of
    43  any incorrect information contained in such  record  pursuant  to  regu-
    44  lations  and  procedures established by the division of criminal justice
    45  services.
    46    § 3. This act shall take effect on the one hundred eightieth day after
    47  it shall have become a law.