S 8903 NY
Relates to former patients interred at present and former state mental health hospital cemeteries
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Summary
This bill requires New York's Department of Mental Health to make burial records available for former patients interred at state mental health hospital cemeteries. Records including the deceased's name, date of birth, date of death, burial location, and military or family relationship information must be provided within thirty days of request at no charge. Records for patients who have been deceased for fifty years or more are designated as historical records and are no longer subject to privacy protections. The bill also requires the state to maintain and make publicly available maps of burial lots at these cemeteries and to post identifying signs at each cemetery location. All burial records must be retained permanently and transferred to any new entity if cemetery management changes.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Provides for the availability of certain records of former patients interred at state mental health hospital cemeteries.
Sponsor (1)
- Patricia Fahy Democratic · primary
2 coauthors / cosponsors
- Mario Mattera Republican · cosponsor
- Anthony H. Palumbo Republican · cosponsor
Action history (3)
- Jan 14, 2026 REFERRED TO MENTAL HEALTH · upper
- May 20, 2026 AMEND AND RECOMMIT TO MENTAL HEALTH · upper
- May 20, 2026 PRINT NUMBER 8903A · upper
Text versions (3)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S08903 Summary: BILL NO S08903A   SAME AS SAME AS A10242-A
  SPONSOR FAHY   COSPNSR MATTERA, PALUMBO   MLTSPNSR   Add §33.26, Ment Hyg L   Provides for the availability of certain records of former patients interred at state mental health hospital cemeteries.
Go to top S08903 Text:
STATE OF NEW YORK ________________________________________________________________________
8903--A
IN SENATE
January 14, 2026 ___________
Introduced by Sens. FAHY, MATTERA, PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to former patients interred at present and former state mental health hospital cemeteries
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 33.26 to read as follows: 3 § 33.26 Burial records. 4 (a) To mark headstones or otherwise memorialize former patients inter- 5 red at state mental health hospital cemeteries, the department and the 6 office of mental health shall make burial records that include the 7 deceased's name, date of birth, date of death, and burial location 8 available within thirty days upon request of a qualified person, as 9 defined by section 33.16 of this article, after the death of a patient. 10 As applicable, any additional burial records information shall be 11 released in order to document the deceased's military service or family 12 relationship. Burial records of former patients of a state mental 13 health hospital who have been deceased for fifty years or more shall be 14 considered historical records and no longer confidential or subject to 15 privacy protections and shall not be considered part of a clinical 16 record pursuant to section 33.13 of this article. 17 (b) (i) For the purposes of this section, the term "state mental 18 health hospital" shall mean any state-funded institution that cares for 19 or cared for and provides or provided treatment to individuals with a 20 mental illness or with a developmental disability in the state. Such 21 term shall include, but not be limited to former asylums for the insane, 22 such as the New York State Lunatic Asylum, Utica State Hospital, Willard 23 Asylum for the Insane, Willard State Hospital, New York State Inebriate 24 Asylum, Binghamton Asylum for the Chronic Insane, Binghamton State 25 Hospital, Buffalo State Asylum for the Insane, New York State Asylum for 26 the Insane, Buffalo State Hospital, Kings Park Psychiatric Center,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13642-05-6
S. 8903--A 2
1 Central Islip State Hospital, Pilgrim Psychiatric Center, New York State 2 Asylum for Idiots and the Asylum for Idiots in Albany. 3 (ii) For the purposes of this section, the term "burial records" shall 4 include but not be limited to, the name, sex, date of birth, place of 5 birth, date of death, place of death, date of burial, burial location, 6 military status and military service number, and if available next of 7 kin, and previous home address of the deceased. 8 (c) No fee shall be charged for a search and report of burial records. 9 (d) Current maps showing the burial lots, roads and paths in the pres- 10 ent and former state mental health hospital cemeteries shall be main- 11 tained and publicly available. 12 (e) A sign with the name of the cemetery, phone number, and address of 13 the point of contact for information about burials shall be posted at 14 each cemetery. 15 (f) Burial records shall be retained permanently. 16 (g) In the event that cemetery property or management is transferred 17 to another entity, all burial records and cemetery maps shall be 18 included. 19 § 2. This act shall take effect immediately.
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