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A01303 Summary:

BILL NOA01303
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRGottfried, Gunther, Bronson
 
MLTSPNSRAbinanti, Glick, Lupardo, McDonough, Thiele
 
Amd §2981, Pub Health L; amd §170.10, Pen L
 
Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; also includes falsely making or altering a health care proxy within the crime of forgery in the second degree.
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A01303 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1303
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the public health law, in relation to witnesses to a health care proxy and to amend the penal law, in relation to the crime of forgery in the second degree   PURPOSE: This bill changes the number of witnesses required for the appointment of a health care agent by health care proxy.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends Paragraph (a) of subdivision 2 of section 2981 of the public health law. Section two amends Subdivision 1 of section 170.10 of the penal law. Section three sets forth the effective date.   JUSTIFICATION: Individuals deserve to have their health care wishes honored, yet a large majority of New York residents do not have a health care proxy for times when they cannot express their health care preferences. As a result, their wishes are often unknown, and they might be given medical treatment that they would not want or not given treatment that matches their choices. This bill streamlines the process of assigning a health care proxy by reducing the number of witnesses required to be present at the signing of the proxy. The legislation makes an exception for those individuals who are more vulnerable by maintaining the requirement for two witnesses for individuals who reside in mental health facilities operated and licensed by the state. In these instances, the presence of two witnesses provides protection against exploitation.   LEGISLATIVE HISTORY: 2019-20: A.611- Referred to Health 2017-18: A.1219 -Referred to Health 2015-16: A.308 - Referred to Health 2013-14: A.619 -Reported to Rules; S.4922 - Referred to Health 2011-12: A.2186 - Reported to Rules 2009-10: A.3787 - Vetoed; S.1990 - Vetoed 2007-08- A.10581 - Passed Assembly; S.6695 -Reported to Rules   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect on the ninetieth day after it shall have become a law.
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A01303 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1303
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL, GOTTFRIED, GUNTHER, BRONSON --
          Multi-Sponsored by -- M. of A. ABINANTI,  GLICK,  LUPARDO,  McDONOUGH,
          THIELE -- read once and referred to the Committee on Health
 
        AN  ACT  to  amend  the public health law, in relation to witnesses to a
          health care proxy and to amend the penal law, in relation to the crime
          of forgery in the second degree
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of  subdivision  2 of section 2981 of the
     2  public health law, as amended by chapter 708 of the  laws  of  2019,  is
     3  amended to read as follows:
     4    (a) A competent adult may appoint a health care agent by a health care
     5  proxy,  signed and dated by the adult in the presence of [two] one adult
     6  [witnesses] witness who shall also sign the proxy. However, a person who
     7  resides in a facility operated or  licensed  by  the  office  of  mental
     8  health  or  the office for people with developmental disabilities, shall
     9  sign such proxy in the presence of two adult witnesses  who  shall  also
    10  sign the proxy. Another person, who shall not be a witness, may sign and
    11  date  the  health  care proxy for the adult if the adult is unable to do
    12  so, at the adult's direction and in the adult's  presence,  and  in  the
    13  presence  of  [two  adult]  the  witness or witnesses who shall sign the
    14  proxy. The witness or witnesses shall state that the principal  appeared
    15  to  execute  the  proxy  willingly  and  free  from  duress.  The person
    16  appointed as agent shall not act as witness to execution of  the  health
    17  care proxy.
    18    §  2.  Subdivision 1 of section 170.10 of the penal law, as amended by
    19  chapter 949 of the laws of 1984, is amended to read as follows:
    20    1. A deed, will, codicil, contract, assignment, commercial instrument,
    21  credit card, as that term is defined in  subdivision  seven  of  section
    22  155.00  of  this  part, health care proxy under article twenty-nine-C of
    23  the public health law, or other instrument which does or  may  evidence,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00636-01-1

        A. 1303                             2
 
     1  create, transfer, terminate or otherwise affect a legal right, interest,
     2  obligation or status; or
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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