S 10383 NY

0likes☆Favorite🔕SubscribeShare

Skip to main content

New York State Assembly Speaker Carl E. Heastie

--> --> -->

Assembly Members

Legislative Info

Public Hearings

Speaker's Press

Assembly Reports

Committees & More

Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page.

Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10383 Summary: BILL NO S10383 &nbsp SAME AS No Same As &nbsp SPONSOR GRIFFO &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §7.50, Ment Hyg L; amd §§120.90 & 140.20, CP L &nbsp 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.

Go to top S10383 Text:

STATE OF NEW YORK ________________________________________________________________________

10383

IN SENATE

May 15, 2026 ___________

Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed 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 7.50 to read as follows: 3 § 7.50 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, 25 such defendant's next of kin, or individual as designated by such 26 person, shall act as such defendant's representative for all decision- 27 making regarding the investigation or prosecution of such defendant.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03035-02-6

S. 10383 2

1 § 3. Section 140.20 of the criminal procedure law is amended by adding 2 a new subdivision 9 to read as follows: 3 9. Upon arresting a person for any offense without a warrant, a police 4 officer shall direct such person to complete the mental health evalu- 5 ation form created pursuant to section 7.49 of the mental hygiene law. 6 If such person is deemed to fail such mental health evaluation, under 7 parameters set by the office of mental health, such person's next of 8 kin, or individual as designated by such person, shall act as such 9 person's representative for all decision-making regarding the investi- 10 gation or prosecution of such person. 11 § 4. This act shall take effect immediately; provided, however, that 12 sections two and three of this act shall take effect one year after it 13 shall have become a law.

Go to top

Sitemap

Request Information

Directions and Maps