New YorkA 94912025-2026 Regular SessionHouseWALLET

Relates to cases terminated due to mental disease or defect and to establishing reporting obligations regarding such cases

Sponsored By: Tony Simone (Democratic)

Became Law

CODESRULES

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Care plans for observed defendants

When a court issues a final order of observation, the designated hospital must make a discharge plan. The plan includes referrals to the county single point of access or other outpatient providers when clinicians say it is needed. No referral is required if you are not eligible, the law forbids it, or you did not give the needed consent.

Annual report on observation cases

Beginning January 1, 2027, the Office of Mental Health posts yearly data by January 1. It lists how many people were committed under final observation orders, the counties they came from, and the hospitals used. For Office-run hospitals, it reports admission rates, average stay, referrals to more services, and whether discharge planning happened. For other hospitals, it reports how many were admitted to inpatient psychiatry and how many were evaluated and discharged without admission.

Courts dismiss charges after observation

After a court issues a final order of observation, it dismisses the charges filed in that court. That dismissal bars any further prosecution on those charges. If a temporary observation order expires while you are still in the state’s custody, the commissioner must promptly tell the court and district attorney. After that notice, the court must dismiss the felony complaint. When you are discharged from custody under a final order, the commissioner also certifies that required notices and referrals were made.

Sponsors & Cosponsors

Sponsor

  • Tony Simone

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 59 • No: 0

House vote 1/28/2026

FLOOR Vote

Yes: 59 • No: 0

Actions Timeline

  1. SIGNED CHAP.29

    2/13/2026House
  2. DELIVERED TO GOVERNOR

    2/13/2026House
  3. RETURNED TO ASSEMBLY

    1/28/2026Senate
  4. PASSED SENATE

    1/28/2026Senate
  5. 3RD READING CAL.89

    1/28/2026Senate
  6. SUBSTITUTED FOR S8813

    1/28/2026Senate
  7. REFERRED TO RULES

    1/20/2026Senate
  8. DELIVERED TO SENATE

    1/20/2026House
  9. PASSED ASSEMBLY

    1/20/2026House
  10. ORDERED TO THIRD READING RULES CAL.34

    1/13/2026House
  11. RULES REPORT CAL.34

    1/13/2026House
  12. REPORTED

    1/13/2026House
  13. REPORTED REFERRED TO RULES

    1/13/2026House
  14. REFERRED TO CODES

    1/7/2026House

Bill Text

  • Original

    1/7/2026

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