New York A 3897: Relates to prohibiting the installation of a starter interrupt device on certain motor vehicles

Bill Text

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A03897 Summary:

BILL NOA03897 

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SAME ASNo Same As

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SPONSORSimon

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COSPNSRSeawright

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MLTSPNSR

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Add §13.36, Ment Hyg L

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Creates the "protection of adults with mental disabilities act" to provide for fair and meaningful due process proceedings relating to a proposed change of placement, a proposed change in service or denial of services by the offices of the department of mental hygiene.

Go to top A03897 Actions:

BILL NOA03897 

&nbsp

01/30/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA03897 Committee&nbspVotes:

Go to topA03897 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03897 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3897

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. SIMON, SEAWRIGHT -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the mental hygiene law, in relation to due process
 procedures for all adults with developmental disabilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "protection
 2 of adults with developmental disabilities act".
 3 § 2. Legislative findings and intent. Certain federal and state laws
 4 and regulations currently provide various due process protections for
 5 certain categories of persons with developmental disabilities. For
 6 example, the federal Individuals with Disabilities Education Act
 7 provides a child or parents of a child with a disability important due
 8 process protections, including the right to an impartial hearing to
 9 challenge a determination regarding the appropriate setting for a child
 10 with a disability. New York state also provides substantial due process
 11 protections for the parents of a child with a disability who needs resi-
 12 dential care while this child is in school.
 13 However, when a developmentally disabled individual reaches the age of
 14 twenty-one, their due process protections become significantly dimin-
 15 ished or, in some cases, end completely. Specifically, those develop-
 16 mentally disabled adults in transitional care who reach the age of twen-
 17 ty-one on or before June 30, 1996 have minimal due process protections
 18 pursuant to section 13.38 of the mental hygiene law, and those who
 19 reached age twenty-one on or after July 1, 1996 receive no due process
 20 protections. Some of New York's most vulnerable adult populations,
 21 including those who remain continuously disabled and continuously in
 22 need of residential or other forms of care, thus lose important due
 23 process protections simply because of their age.
 24 The legislature recognizes that inappropriate or ineffective place-
 25 ments and/or services for persons with developmental disabilities can

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06454-01-5

 A. 3897 2

 1 have devastating effects for those persons impacted, including abuse,
 2 self-harm, improper medication or even death. Additionally, the legis-
 3 lature recognizes the harm a person with developmental disabilities can
 4 suffer from the disruption to such person with development disabilities'
 5 current treatment needs, home life and familiar surroundings that an
 6 inappropriate change in placement, or an improper change in services,
 7 entails. Moreover, it is increasingly the policy of the state of New
 8 York to afford persons with disabilities the opportunity to participate
 9 in their treatment and residential placement decisions, and to obtain
 10 their or their guardian's consent prior to any changes of placement.
 11 The legislature hereby finds that New York state must ensure that all
 12 developmentally disabled adults are afforded necessary and basic due
 13 process protections, and fair and meaningful due process proceedings,
 14 relating to proposed changes in placement, or proposed changes in
 15 services rendered, to those developmentally disabled adults under the
 16 care of New York state agencies to ensure that appropriate, effective
 17 treatment and placements are provided for this highl