S T A T E O F N E W Y O R K
________________________________________________________________________
4577
2013-2014 Regular Sessions
I N A S S E M B L Y
February 6, 2013
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to the reporting of
certain crimes and suicides committed by persons using psychotropic
drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 S 837-S. REPORTS OF CERTAIN CRIMES AND SUICIDES COMMITTED BY PERSONS
4 TREATED WITH PSYCHOTROPIC DRUGS. 1. FOR THE PURPOSES OF THIS SECTION,
5 "PSYCHOTROPIC DRUG" MEANS ANY DRUG THAT AFFECTS MOOD, BEHAVIOR OR
6 PERCEPTION THAT IS PRESCRIBED FOR TREATMENT OF MENTAL ILLNESS IN ANY
7 PERSON INCLUDING, BUT NOT LIMITED TO, THOSE PERSONS WHO ARE CHILDREN AND
8 ADOLESCENTS WITH SERIOUS EMOTIONAL DISTURBANCES.
9 2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
10 ANY POLICE OFFICER INVESTIGATING ANY SUICIDE OR ANY CRIME ENUMERATED IN
11 THIS SUBDIVISION TO SUBMIT A REPORT ON SUCH INVESTIGATION WHEN THE
12 SUICIDE OR CRIME WAS COMMITTED BY A PERSON WHO HAS BEEN OR IS BEING
13 TREATED WITH PSYCHOTROPIC DRUGS. THE CRIMES FOR WHICH A REPORT SHALL BE
14 SUBMITTED SHALL INCLUDE:
15 (A) ASSAULT AND RELATED OFFENSES DEFINED IN ARTICLE ONE HUNDRED TWENTY
16 OF THE PENAL LAW,
17 (B) HOMICIDE AND RELATED OFFENSES DEFINED IN ARTICLE ONE HUNDRED TWEN-
18 TY-FIVE OF THE PENAL LAW;
19 (C) SEX OFFENSES DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL
20 LAW;
21 (D) ROBBERY OFFENSES DEFINED IN ARTICLE ONE HUNDRED SIXTY OF THE PENAL
22 LAW,
23 (E) FIREARMS AND OTHER DANGEROUS WEAPONS OFFENSES DEFINED IN ARTICLE
24 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08199-01-3
A. 4577 2
1 (F) KIDNAPPING IN THE SECOND DEGREE AS DEFINED IN SECTION 135.20 OF
2 THE PENAL LAW;
3 (G) KIDNAPPING IN THE FIRST DEGREE AS DEFINED IN SECTION 135.25 OF THE
4 PENAL LAW;
5 (H) ARSON IN THE SECOND DEGREE AS DEFINED IN SECTION 150.15 OF THE
6 PENAL LAW; AND
7 (I) ARSON IN THE FIRST DEGREE AS DEFINED IN SECTION 150.20 OF THE
8 PENAL LAW.
9 3. SUCH REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
10 (A) THE AGE OF THE PERSON COMMITTING THE CRIME OR SUICIDE;
11 (B) A DESCRIPTION OF THE CRIME OR SUICIDE;
12 (C) THE TYPE, IF ANY, OF WEAPON USED; AND
13 (D) THE PSYCHOTROPIC DRUG USED BY OR PRESCRIBED TO THE PERSON COMMIT-
14 TING THE CRIME OR SUICIDE.
15 4. THE DIVISION SHALL ANNUALLY, ON OR BEFORE MARCH FIRST, ISSUE A
16 REPORT TO THE GOVERNOR AND THE LEGISLATURE ON ALL THE INFORMATION
17 RECEIVED BY SUCH DIVISION PURSUANT TO THIS SECTION FOR THE PRECEDING
18 CALENDAR YEAR.
19 S 2. This act shall take effect on the first of January next succeed-
20 ing the date on which it shall have become a law; provided, that any
21 rules and regulations necessary to implement the provisions of this act
22 on its effective date are authorized and directed to be promulgated on
23 or before such date.