S T A T E O F N E W Y O R K
________________________________________________________________________
5905
2013-2014 Regular Sessions
I N S E N A T E
June 21, 2013
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, the general business law and the surro-
gate's court procedure act, in relation to firearms; and to amend the
executive law, the mental hygiene law, the penal law and the public
health law, in relation to the evaluation and reporting of persons who
present a serious and imminent threat to the health and safety of self
or others; and to repeal certain provisions of the penal law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 265.37 of the penal law is REPEALED.
2 S 2. Subdivision 8 of section 265.02 of the penal law, as amended by
3 chapter 1 of the laws of 2013, is amended to read as follows:
4 (8) Such person possesses a large capacity ammunition feeding device.
5 For purposes of this subdivision, a large capacity ammunition feeding
6 device shall not include an ammunition feeding device lawfully possessed
7 by such person before the effective date of [the] chapter ONE of the
8 laws of two thousand thirteen [which amended this subdivision, that has
9 a capacity of, or that can be readily restored or converted to accept
10 more than seven but less than eleven rounds of ammunition, or] that was
11 manufactured before September thirteenth, nineteen hundred ninety-four,
12 that has a capacity of, or that can be readily restored or converted to
13 accept, more than ten rounds of ammunition; or
14 S 3. Subdivision 23 of section 265.00 of the penal law, as amended by
15 chapter 1 of the laws of 2013, is amended to read as follows:
16 23. "Large capacity ammunition feeding device" means a magazine, belt,
17 drum, feed strip, or similar device, that [(a)] has a capacity of, or
18 that can be readily restored or converted to accept, more than ten
19 rounds of ammunition[, or (b) contains more than seven rounds of ammuni-
20 tion, or (c) is obtained after the effective date of the chapter of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11265-06-3
S. 5905 2
1 laws of two thousand thirteen which amended this subdivision and has a
2 capacity of, or that can be readily restored or converted to accept,
3 more than seven rounds of ammunition]; provided, however, that such term
4 does not include an attached tubular device designed to accept, and
5 capable of operating only with, .22 caliber rimfire ammunition or a
6 feeding device that is a curio or relic. A feeding device that is a
7 curio or relic is defined as a device that (i) was manufactured at least
8 fifty years prior to the current date, (ii) is only capable of being
9 used exclusively in a firearm, rifle, or shotgun that was manufactured
10 at least fifty years prior to the current date, but not including repli-
11 cas thereof, (iii) is possessed by an individual who is not prohibited
12 by state or federal law from possessing a firearm and (iv) is registered
13 with the division of state police pursuant to subdivision sixteen-a of
14 section 400.00 of this chapter, except such feeding devices transferred
15 into the state may be registered at any time, provided they are regis-
16 tered within thirty days of their transfer into the state. Notwithstand-
17 ing paragraph (h) of subdivision twenty-two of this section, such feed-
18 ing devices may be transferred provided that such transfer shall be
19 subject to the provisions of section 400.03 of this chapter including
20 the check required to be conducted pursuant to such section.
21 S 4. Subdivision 24 of section 265.00 of the penal law is REPEALED and
22 a new subdivision 24 is added to read as follows:
23 24. "QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER"
24 MEANS AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER AS POLICE OFFICER IS
25 DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
26 PROCEDURE LAW, A RETIRED PEACE OFFICER AS PEACE OFFICER IS DEFINED IN
27 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW OR A RETIRED FEDERAL LAW
28 ENFORCEMENT OFFICER AS FEDERAL LAW ENFORCEMENT OFFICER IS DEFINED IN
29 SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW, WHO: (A) SEPARATED FROM
30 SERVICE IN GOOD STANDING FROM AN AGENCY LOCATED IN NEW YORK STATE IN
31 WHICH SUCH PERSON SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR
32 FEDERAL LAW ENFORCEMENT OFFICER; AND (B) (I) BEFORE SUCH SEPARATION,
33 SERVED AS EITHER A POLICE OFFICER, PEACE OFFICER OR FEDERAL LAW ENFORCE-
34 MENT OFFICER FOR FIVE YEARS OR MORE AND AT THE TIME OF SEPARATION, IS
35 SUCH AN OFFICER; OR (II) SEPARATED FROM SERVICE WITH SUCH AGENCY, AFTER
36 COMPLETING ANY APPLICABLE PROBATIONARY PERIOD OF SUCH SERVICE, DUE TO
37 SERVICE-CONNECTED DISABILITY, AS DETERMINED BY SUCH AGENCY; AND (C) (I)
38 HAS NOT BEEN FOUND BY A QUALIFIED MEDICAL PROFESSIONAL EMPLOYED BY SUCH
39 AGENCY TO BE UNQUALIFIED FOR REASONS RELATING TO MENTAL HEALTH; OR (II)
40 HAS NOT ENTERED INTO AN AGREEMENT WITH SUCH AGENCY FROM WHICH THE INDI-
41 VIDUAL IS SEPARATING FROM SERVICE IN WHICH THAT INDIVIDUAL ACKNOWLEDGES
42 HE OR SHE IS NOT QUALIFIED UNDER THIS SECTION FOR REASONS RELATING TO
43 MENTAL HEALTH; AND (D) IS NOT OTHERWISE PROHIBITED BY NEW YORK OR FEDER-
44 AL LAW FROM POSSESSING ANY FIREARM.
45 S 5. Section 265.20 of the penal law is amended by adding a new subdi-
46 vision e to read as follows:
47 E. SUBDIVISION EIGHT OF SECTION 265.02 AND SECTION 265.36 OF THIS
48 CHAPTER SHALL NOT APPLY TO A QUALIFIED RETIRED NEW YORK OR FEDERAL LAW
49 ENFORCEMENT OFFICER AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
50 265.00 OF THIS ARTICLE, WITH RESPECT TO LARGE CAPACITY AMMUNITION FEED-
51 ING DEVICES ISSUED TO SUCH OFFICER OR PURCHASED BY SUCH OFFICER IN THE
52 COURSE OF HIS OR HER OFFICIAL DUTIES AND OWNED BY SUCH OFFICER AT THE
53 TIME OF HIS OR HER RETIREMENT OR REPLACEMENTS FOR SUCH DEVICES IF THE
54 FORMER AGENCY OF THE INDIVIDUAL HAS QUALIFIED SUCH OFFICER IN THE USE OF
55 THE WEAPON WHICH ACCEPTS SUCH DEVICE WITHIN TWELVE MONTHS BEFORE HIS OR
56 HER RETIREMENT, OR IF SUCH OFFICER RETIRED PRIOR TO THE EFFECTIVE DATE
S. 5905 3
1 OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN THAT ADDED THIS
2 SUBDIVISION IF THE FORMER AGENCY OF THE INDIVIDUAL QUALIFIES SUCH OFFI-
3 CER IN THE USE OF THE WEAPON WHICH ACCEPTS SUCH DEVICE WITHIN TWELVE
4 MONTHS OF SUCH EFFECTIVE DATE.
5 S 6. Subdivision 16-a of section 400.00 of the penal law is amended by
6 adding a new paragraph (a-1) to read as follows:
7 (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
8 SION TO THE CONTRARY, AN OWNER OF AN ASSAULT WEAPON AS DEFINED IN SUBDI-
9 VISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED
10 RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI-
11 VISION TWENTY-FOUR OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON
12 WAS ISSUED TO OR PURCHASED BY SUCH OFFICER IN THE COURSE OF HIS OR HER
13 OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS QUALIFIED BY HIS OR HER
14 FORMER AGENCY WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT, MUST
15 REGISTER SUCH WEAPON WITHIN SIXTY DAYS OF RETIREMENT.
16 S 7. Subdivision a of section 265.20 of the penal law is amended by
17 adding a new paragraph 17 to read as follows:
18 17. POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE BY A
19 PRIVATE INVESTIGATOR, BAIL ENFORCEMENT AGENT, OR WATCHMEN, GUARDS OR
20 PRIVATE PATROLMEN EMPLOYED BY A WATCH GUARD OR PATROL AGENCY, LICENSED
21 PURSUANT TO ARTICLE SEVEN OF THE GENERAL BUSINESS LAW, OR A SECURITY
22 GUARD AS DEFINED UNDER PARAGRAPHS (A), (B) OR (C) OF SUBDIVISION SIX OF
23 SECTION EIGHTY-NINE-F OF THE GENERAL BUSINESS LAW, AND REGISTERED PURSU-
24 ANT TO ARTICLE SEVEN-A OF THE GENERAL BUSINESS LAW, OR AN ARMORED CAR
25 GUARD AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTY-NINE-PPP OF THE
26 GENERAL BUSINESS LAW, IF SUCH PERSON IS DULY LICENSED TO POSSESS A
27 PISTOL OR REVOLVER PURSUANT TO SECTION 400.00 OR 400.01 OF THIS CHAPTER,
28 AND IS AUTHORIZED BY HIS OR HER EMPLOYER TO ACCESS A FIREARM WHEN
29 PERFORMING HIS OR HER DUTIES.
30 S 8. The first and second undesignated paragraphs of section 265.36 of
31 the penal law are designated subdivisions 1 and 2 and a new subdivision
32 3 is added to read as follows:
33 3. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A PRIVATE INVESTI-
34 GATOR, BAIL ENFORCEMENT AGENT, OR WATCHMEN, GUARDS OR PRIVATE PATROLMEN
35 EMPLOYED BY A WATCH GUARD OR PATROL AGENCY, LICENSED PURSUANT TO ARTICLE
36 SEVEN OF THE GENERAL BUSINESS LAW, OR A SECURITY GUARD AS DEFINED UNDER
37 PARAGRAPHS (A), (B) OR (C) OF SUBDIVISION SIX OF SECTION EIGHTY-NINE-F
38 OF THE GENERAL BUSINESS LAW, AND REGISTERED PURSUANT TO ARTICLE SEVEN-A
39 OF THE GENERAL BUSINESS LAW, OR AN ARMORED CAR GUARD AS DEFINED IN
40 SUBDIVISION EIGHT OF SECTION EIGHTY-NINE-PPP OF THE GENERAL BUSINESS
41 LAW, IF SUCH PERSON IS DULY LICENSED TO POSSESS A PISTOL OR REVOLVER
42 PURSUANT TO SECTION 400.00 OR 400.01 OF THIS CHAPTER, IS AUTHORIZED BY
43 HIS OR HER EMPLOYER TO ACCESS A FIREARM WHEN PERFORMING HIS OR HER
44 DUTIES, DURING THE PERFORMANCE OF THOSE DUTIES.
45 S 9. The opening paragraph of subdivision a of section 265.20 of the
46 penal law, as amended by section 1 of part FF of chapter 57 of the laws
47 of 2013, is amended to read as follows:
48 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
49 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03,
50 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36[, 265.37]
51 and 270.05 shall not apply to:
52 S 10. Paragraph 7-f of subdivision a of section 265.20 of the penal
53 law is REPEALED.
54 S 11. Section 400.03 of the penal law is REPEALED.
55 S 12. Subdivision 1 of section 898 of the general business law, as
56 added by chapter 1 of the laws of 2013, is amended to read as follows:
S. 5905 4
1 1. In addition to any other requirements pursuant to state and feder-
2 al law, all sales, exchanges or disposals of firearms, rifles or shot-
3 guns shall be conducted in accordance with this section unless such
4 sale, exchange or disposal is conducted by a licensed importer, licensed
5 manufacturer or licensed dealer, as those terms are defined in 18 USC S
6 [922] 921, when such sale, exchange or disposal is conducted pursuant to
7 that person's federal firearms license or such sale, exchange or
8 disposal is between members of an immediate family. For purposes of this
9 section, "immediate family" shall mean spouses, domestic partners, chil-
10 dren and step-children, SIBLINGS, GRANDPARENTS AND GRANDCHILDREN.
11 S 13. Subdivision 5 of section 400.00 of the penal law, as amended by
12 chapter 1 of the laws of 2013, is amended to read as follows:
13 5. Filing of approved applications. [(a)] The application for any
14 license, if granted, shall be filed by the licensing officer with the
15 clerk of the county of issuance, except that in the city of New York
16 and, in the counties of Nassau and Suffolk, the licensing officer shall
17 designate the place of filing in the appropriate division, bureau or
18 unit of the police department thereof, and in the county of Suffolk the
19 county clerk is hereby authorized to transfer all records or applica-
20 tions relating to firearms to the licensing authority of that county.
21 [Except as provided in paragraphs (b) through (f) of this subdivision,
22 the name and address] THE APPLICATION AND ANY SUPPORTING RECORDS,
23 INCLUDING ANY INFORMATION CONTAINED THEREIN, of any person to whom an
24 application for any license has been granted shall NOT be a public
25 record AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
26 THE PUBLIC OFFICERS LAW. Upon application by a licensee who has changed
27 his place of residence such records or applications shall be transferred
28 to the appropriate officer at the licensee's new place of residence. A
29 duplicate copy of such application shall be filed by the licensing offi-
30 cer in the executive department, division of state police, Albany, with-
31 in ten days after issuance of the license. The superintendent of state
32 police may designate that such application shall be transmitted to the
33 division of state police electronically. In the event the superintendent
34 of the division of state police determines that it lacks any of the
35 records required to be filed with the division, it may request that such
36 records be provided to it by the appropriate clerk, department or
37 authority and such clerk, department or authority shall provide the
38 division with such records. In the event such clerk, department or
39 authority lacks such records, the division may request the license hold-
40 er provide information sufficient to constitute such record and such
41 license holder shall provide the division with such information. Such
42 information shall be limited to the license holder's name, date of
43 birth, gender, race, residential address, social security number and
44 firearms possessed by said license holder. Nothing in this subdivision
45 shall be construed to change the expiration date or term of such
46 licenses if otherwise provided for in law. Records assembled or
47 collected for purposes of inclusion in the database established by this
48 section shall be released pursuant to a court order. Records assembled
49 or collected for purposes of inclusion in the database created pursuant
50 to section 400.02 of this chapter shall not be subject to disclosure
51 pursuant to article six of the public officers law.
52 [(b) Each application for a license pursuant to paragraph (a) of this
53 subdivision shall include, on a separate written form prepared by the
54 division of state police within thirty days of the effective date of the
55 chapter of the laws of two thousand thirteen, which amended this
56 section, and provided to the applicant at the same time and in the same
S. 5905 5
1 manner as the application for a license, an opportunity for the appli-
2 cant to request an exception from his or her application information
3 becoming public record pursuant to paragraph (a) of this subdivision.
4 Such forms, which shall also be made available to individuals who had
5 applied for or been granted a license prior to the effective date of the
6 chapter of the laws of two thousand thirteen which amended this section,
7 shall notify applicants that, upon discovery that an applicant knowingly
8 provided false information, such applicant may be subject to penalties
9 pursuant to section 175.30 of this chapter, and further, that his or her
10 request for an exception shall be null and void, provided that written
11 notice containing such determination is provided to the applicant.
12 Further, such forms shall provide each applicant an opportunity to spec-
13 ify the grounds on which he or she believes his or her application
14 information should not be publicly disclosed. These grounds, which shall
15 be identified on the application with a box beside each for checking, as
16 applicable, by the applicant, shall be as follows:
17 (i) the applicant's life or safety may be endangered by disclosure
18 because:
19 (A) the applicant is an active or retired police officer, peace offi-
20 cer, probation officer, parole officer, or corrections officer;
21 (B) the applicant is a protected person under a currently valid order
22 of protection;
23 (C) the applicant is or was a witness in a criminal proceeding involv-
24 ing a criminal charge;
25 (D) the applicant is participating or previously participated as a
26 juror in a criminal proceeding, or is or was a member of a grand jury;
27 or
28 (E) the applicant is a spouse, domestic partner or household member of
29 a person identified in this subparagraph or subparagraph (ii) of this
30 paragraph, specifying which subparagraph or subparagraphs and clauses
31 apply.
32 (ii) the applicant has reason to believe his or her life or safety may
33 be endangered by disclosure due to reasons stated by the applicant.
34 (iii) the applicant has reason to believe he or she may be subject to
35 unwarranted harassment upon disclosure of such information.
36 (c) Each form provided for recertification pursuant to paragraph (b)
37 of subdivision ten of this section shall include an opportunity for the
38 applicant to request an exception from the information provided on such
39 form becoming public record pursuant to paragraph (a) of this subdivi-
40 sion. Such forms shall notify applicants that, upon discovery that an
41 applicant knowingly provided false information, such applicant may be
42 subject to penalties pursuant to section 175.30 of this chapter, and
43 further, that his or her request for an exception shall be null and
44 void, provided that written notice containing such determination is
45 provided to the applicant. Further, such forms shall provide each appli-
46 cant an opportunity to either decline to request the grant or continua-
47 tion of an exception, or specify the grounds on which he or she believes
48 his or her information should not be publicly disclosed. These grounds,
49 which shall be identified in the application with a box beside each for
50 checking, as applicable, by the applicant, shall be the same as provided
51 in paragraph (b) of this subdivision.
52 (d) Information submitted on the forms described in paragraph (b) of
53 this subdivision shall be excepted from disclosure and maintained by the
54 entity retaining such information separate and apart from all other
55 records.
S. 5905 6
1 (e) (i) Upon receiving a request for exception from disclosure, the
2 licensing officer shall grant such exception, unless the request is
3 determined to be null and void, pursuant to paragraph (b) or (c) of this
4 subdivision.
5 (ii) A request for an exception from disclosure may be submitted at
6 any time, including after a license or recertification has been granted.
7 (iii) If an exception is sought and granted pursuant to paragraph (b)
8 of this subdivision, the application information shall not be public
9 record, unless the request is determined to be null and void. If an
10 exception is sought and granted pursuant to paragraph (c) of this subdi-
11 vision, the information concerning such recertification application
12 shall not be public record, unless the request is determined to be null
13 and void.
14 (f) The information of licensees or applicants for a license shall not
15 be disclosed to the public during the first one hundred twenty days
16 following the effective date of the chapter of the laws of two thousand
17 thirteen, which amended this section. After such period, the information
18 of those who had applied for or been granted a license prior to the
19 preparation of the form for requesting an exception, pursuant to para-
20 graph (b) of this subdivision, may be released only if such individuals
21 did not file a request for such an exception during the first sixty days
22 following such preparation; provided, however, that no information
23 contained in an application for licensure or recertification shall be
24 disclosed by an entity that has not completed processing any such
25 requests received during such sixty days.
26 (g) If a request for an exception is determined to be null and void
27 pursuant to paragraph (b) or (c) of this subdivision, an applicant may
28 request review of such determination pursuant to article seventy-eight
29 of the civil practice laws and rules. Such proceeding must commence
30 within thirty days after service of the written notice containing the
31 adverse determination. Notice of the right to commence such a petition,
32 and the time period therefor, shall be included in the notice of the
33 determination. Disclosure following such a petition shall not be made
34 prior to the disposition of such review.]
35 S 14. Section 2509 of the surrogate's court procedure act, as added by
36 chapter 1 of the laws of 2013, is amended to read as follows:
37 S 2509. Firearms inventory
38 Whenever, by regulation, rule or statute, a fiduciary or attorney of
39 record must file a list of assets constituting a decedent's estate, such
40 list must include a particularized description of every firearm, shotgun
41 and rifle, as such terms are defined in section 265.00 of the penal law,
42 that are part of such estate. Such [list] DESCRIPTION must be PREPARED
43 AS A REPORT SEPARATE AND APART FROM THE LIST OF ASSETS OTHERWISE
44 REQUIRED TO BE FILED BY THIS CHAPTER AND, UNLESS OTHERWISE PROVIDED BY
45 LAW OR BY COURT ORDER, MUST BE FILED UNDER SEAL AND MAINTAINED UNDER
46 SEAL BY THE COURT. SUCH SEPARATE REPORT SHALL BE filed with the surro-
47 gate's court in the county in which the estate proceeding, if any, is
48 pending [and a]. A copy OF SUCH REPORT must be filed with the division
49 of criminal justice services; SUCH REPORT FILED WITH THE DIVISION SHALL
50 NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFI-
51 CERS LAW.
52 S 15. Subdivision 5 of section 470.00 of the penal law, as amended by
53 chapter 489 of the laws of 2000, is amended to read as follows:
54 5. "Specified criminal conduct" means criminal conduct committed in
55 this state constituting a criminal act, as the term criminal act is
56 defined in section 460.10 of this [chapter] TITLE, or constituting the
S. 5905 7
1 crime of enterprise corruption, as defined in section 460.20 of this
2 [chapter] TITLE, OR CONDUCT CONSTITUTING THE CRIME OF AGGRAVATED ENTER-
3 PRISE CORRUPTION, AS DEFINED IN SECTION 460.22 OF THIS TITLE, or conduct
4 committed in any other jurisdiction which is or would be specified crim-
5 inal conduct if committed in this state.
6 S 16. Subdivision 19 of section 837 of the executive law, as added by
7 chapter 1 of the laws of 2013, is amended to read as follows:
8 19. Receive names and other [non-clinical identifying] NECESSARY
9 information pursuant to section 9.46 of the mental hygiene law;
10 provided, however, any such information shall be destroyed five years
11 after such receipt, or pursuant to a proceeding brought under [article
12 seventy-eight of the civil practice law and rules] PARAGRAPH (D) OF
13 SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW determining that
14 an individual is eligible for a license pursuant to SUCH section [400.00
15 of the penal law] and otherwise permitted to possess a firearm.
16 S 17. Subdivision (b) of section 9.46 of the mental hygiene law, as
17 added by chapter 1 of the laws of 2013, is amended and a new paragraph
18 (e) is added to read as follows:
19 (b) Notwithstanding any other law to the contrary, when a mental
20 health professional currently providing treatment services to a person
21 determines, in the exercise of reasonable professional judgment, that
22 such person [is likely to engage in conduct that would result in serious
23 harm to] PRESENTS A SERIOUS AND IMMINENT THREAT TO THE HEALTH AND SAFETY
24 OF self or others, he or she shall be required to report, as soon as
25 practicable, to the [director of community services, or the director's
26 designee, who shall report to the] division of criminal justice services
27 [whenever he or she agrees that the person is likely to engage in such
28 conduct]. Information transmitted to the division of criminal justice
29 services shall be limited to names and other [non-clinical identifying]
30 NECESSARY information, which may only be used for determining whether a
31 license issued pursuant to section 400.00 of the penal law should be
32 suspended or revoked, or for determining whether a person is ineligible
33 for a license issued pursuant to section 400.00 of the penal law, or is
34 no longer permitted under state or federal law to possess a firearm.
35 (E) THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH
36 AND THE DEPARTMENT OF EDUCATION, SHALL PROMULGATE REGULATIONS THAT
37 ESTABLISH POLICIES AND PROCEDURES TO:
38 (1) ENSURE THAT AN INDIVIDUAL REPORTING PURSUANT TO SUBDIVISION (B) OF
39 THIS SECTION IS A MENTAL HEALTH PROFESSIONAL LICENSED TO PRACTICE IN
40 THIS STATE;
41 (2) EVALUATE A REPORT THAT A PERSON PRESENTS A SERIOUS AND IMMINENT
42 THREAT TO THE HEALTH AND SAFETY OF SELF OR OTHERS; AND
43 (3) ENSURE THAT THE SUBJECT OF SUCH A REPORT IS PROPERLY AND ACCURATE-
44 LY IDENTIFIED.
45 S 18. Paragraphs 12 and 15 of subdivision (c) of section 33.13 of the
46 mental hygiene law, paragraph 12 as amended and paragraph 15 as added by
47 chapter 1 of the laws of 2013, are amended to read as follows:
48 12. to a director of community services as defined in article nine of
49 this chapter or his or her designee, provided that such director or his
50 or her designee [(i)] requests such information in the exercise of his
51 or her statutory functions, powers and duties pursuant to section 9.37,
52 9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter[; or (ii) the disclosure
53 of information is required pursuant to section 9.46 of this chapter].
54 15. to the division of criminal justice services, names and other
55 [non-clinical identifying] NECESSARY information for the sole purpose of
S. 5905 8
1 implementing the division's responsibilities and duties under sections
2 400.00 and 400.02 of the penal law.
3 S 19. Paragraph (b) of subdivision 11 of section 400.00 of the penal
4 law, as added by chapter 1 of the laws of 2013, is amended and a new
5 paragraph (d) is added to read as follows:
6 (b) Whenever [the director of community services or his or her desig-
7 nee makes a report pursuant to section 9.46 of the mental hygiene law,]
8 the division of criminal justice services RECEIVES AND SUBSTANTIATES A
9 REPORT PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW, IT shall
10 convey [such] NON-CLINICAL IDENTIFYING information, whenever it deter-
11 mines that the person named in the report possesses a license issued
12 pursuant to this section, to the appropriate licensing official, who
13 shall issue an order suspending or revoking such license.
14 (D) THE COMMISSIONER OF MENTAL HEALTH SHALL ESTABLISH AN ADMINISTRA-
15 TIVE PROCESS TO PERMIT A PERSON WHO HAS HAD THEIR LICENSE SUSPENDED OR
16 REVOKED UNDER PARAGRAPH (B) OF THIS SUBDIVISION TO PETITION FOR RELIEF
17 WHERE SUCH PERSON'S RECORD AND REPUTATION ARE SUCH THAT SUCH PERSON WILL
18 NOT BE LIKELY TO ACT IN A MANNER DANGEROUS TO PUBLIC SAFETY AND WHERE
19 THE GRANTING OF THE RELIEF WOULD NOT BE CONTRARY TO PUBLIC SAFETY. THE
20 COMMISSIONER OF MENTAL HEALTH SHALL PROMULGATE REGULATIONS TO ESTABLISH
21 THE RELIEF PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
22 PROVISIONS PROVIDING FOR: (I) AN OPPORTUNITY FOR A PERSON WHO HAS HAD
23 THEIR LICENSE SUSPENDED OR REVOKED UNDER PARAGRAPH (B) OF THIS SUBDIVI-
24 SION TO PETITION FOR RELIEF IN WRITING; (II) THE AUTHORITY FOR THE AGEN-
25 CY TO REQUIRE THAT THE PETITIONER UNDERGO A CLINICAL EVALUATION AND RISK
26 ASSESSMENT; AND (III) A REQUIREMENT THAT THE AGENCY ISSUE A DECISION IN
27 WRITING EXPLAINING THE REASONS FOR A DENIAL OR GRANT OF RELIEF. THE
28 DENIAL OF A PETITION FOR RELIEF MAY BE REVIEWED DE NOVO PURSUANT TO THE
29 PROCEEDINGS UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
30 RULES.
31 S 20. The opening paragraph of paragraph 1 of subdivision (e) of
32 section 9.60 of the mental hygiene law, as amended by chapter 158 of the
33 laws of 2005, is amended to read as follows;
34 A petition for an order authorizing assisted outpatient treatment may
35 be filed in the supreme or county court in the county in which the
36 subject of the petition is present or reasonably believed to be present.
37 WHEN A DIRECTOR OF COMMUNITY SERVICES HAS REASON TO BELIEVE THAT AN
38 ASSISTED OUTPATIENT HAS CHANGED HIS OR HER COUNTY OF RESIDENCE, FUTURE
39 PETITIONS AND APPLICATIONS UNDER THIS SECTION MAY BE FILED IN THE
40 SUPREME OR COUNTY COURT IN THE ASSISTED OUTPATIENT'S NEW COUNTY OF RESI-
41 DENCE, WHICH SHALL HAVE CONCURRENT JURISDICTION WITH THE COURT THAT
42 INITIALLY ORDERED SUCH TREATMENT. Such petition may be initiated only by
43 the following persons:
44 S 21. Subdivisions 9, 10, 11 and 12 of section 18 of the public health
45 law are renumbered subdivisions 10, 11, 12 and 13 and a new subdivision
46 9 is added to read as follows:
47 9. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, INFORMATION
48 ABOUT PATIENTS OR CLIENTS, INCLUDING THE IDENTIFICATION OF PATIENTS OR
49 CLIENTS, CLINICAL RECORDS OR CLINICAL INFORMATION TENDING TO IDENTIFY
50 PATIENTS OR CLIENTS, MAY BE RELEASED BY A MENTAL HEALTH PROFESSIONAL, AS
51 DEFINED BY SECTION 9.46 OF THE MENTAL HYGIENE LAW:
52 (1) TO AN ENDANGERED INDIVIDUAL AND A LAW ENFORCEMENT AGENCY WHEN A
53 TREATING MENTAL HEALTH PROFESSIONAL HAS DETERMINED THAT A PATIENT OR
54 CLIENT PRESENTS A SERIOUS AND IMMINENT DANGER TO THAT INDIVIDUAL. THE
55 REASONS FOR ANY SUCH DISCLOSURES SHALL BE FULLY DOCUMENTED IN THE CLIN-
56 ICAL RECORD. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO IMPOSE AN
S. 5905 9
1 OBLIGATION UPON A TREATING MENTAL HEALTH PROFESSIONAL TO RELEASE INFOR-
2 MATION PURSUANT TO THIS PARAGRAPH.
3 (2) TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, NAMES AND OTHER
4 NECESSARY INFORMATION FOR THE SOLE PURPOSE OF IMPLEMENTING THE DIVI-
5 SION'S RESPONSIBILITIES AND DUTIES UNDER SECTIONS 400.00 AND 400.02 OF
6 THE PENAL LAW.
7 S 22. This act shall take effect immediately, provided that:
8 1. the amendments to paragraphs (b) and (c) of subdivision 23 of
9 section 265.00 of the penal law made by section three of this act shall
10 not affect the suspension of such paragraphs pursuant to subdivision b
11 of section 58 of chapter 1 of the laws of 2013, as amended;
12 2. the amendments to subdivision 11 of section 400.00 of the penal law
13 made by section nineteen of this act shall take effect on the same date
14 and in the same manner as section 48 of chapter 1 of the laws of 2013,
15 takes effect; and
16 3. the amendments to section 9.60 of the mental hygiene law made by
17 section twenty of this act shall not affect the expiration and repeal of
18 such section and shall expire and be deemed repealed therewith.