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.