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S3108A

An act to amend the Mental Hygiene Law — 2024-03-12 · Calendar #482

The Senate passed S3108A, a bill to amend the Mental Hygiene Law and expand the Independent Developmental Disability Ombudsman Program, by a vote of 58-0 on Tuesday. The measure faced a procedural challenge when Sen. Helming proposed an amendment creating new criminal offenses to protect individuals with disabilities and the elderly from abuse and neglect. Helming argued the amendment was germane to the bill's purpose, citing Department of Justice research showing individuals with disabilities are 2.5 times more likely to experience violent victimization and those with intellectual disabilities are seven times more likely to be sexually assaulted. Acting President Bailey ruled the amendment nongermane under Senate Rule 6, Section 4B. Helming appealed the ruling, but the appeal failed on a show of hands vote, 20-0. The bill was then restored to the noncontroversial calendar and passed unanimously on final roll call.
PASSED Ayes: 58 · Nays: 0

Debate Summary

Sen. Helming appealed the presiding officer's ruling that her proposed amendment was nongermane. Helming argued her amendment to create new criminal offenses protecting individuals with disabilities from abuse and neglect was germane to the bill's purpose of expanding the Independent Developmental Disability Ombudsman Program. She cited Department of Justice studies showing individuals with disabilities face significantly higher rates of violent victimization and sexual assault. The appeal of the chair's ruling was defeated by show of hands vote, 20 ayes, and the bill proceeded to passage.

Amendments

Sponsor Description Outcome
Sen. Helming Would create new criminal offenses for crimes committed against individuals with disabilities, including developmental disabilities, and the elderly. Specifically would create offenses of abandonment of an elderly disabled person and endangering the welfare of an elderly or disabled person. defeated