Bill Text: NY S05297 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enhances protections for persons with disabilities from sexual abuse; includes violations which occur post-discharge.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05297 Detail]

Download: New_York-2017-S05297-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5297
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 20, 2017
                                       ___________
        Introduced  by  Sen.  ORTT  -- (at request of the Justice Center for the
          Protection of People with Special Needs) --  read  twice  and  ordered
          printed,  and  when printed to be committed to the Committee on Mental
          Health and Developmental Disabilities
        AN ACT to amend the social services law and the penal law,  in  relation
          to  enhancing  protections  for  persons with disabilities from sexual
          abuse
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 9 of section 488 of the social services law, as
     2  added  by  section  1  of  part B of chapter 501 of the laws of 2012, is
     3  amended to read as follows:
     4    9. "Person receiving services," or "service recipient" shall  mean  an
     5  individual  who  resides or is an inpatient in a residential facility or
     6  who receives services from a facility or provider agency; or an individ-
     7  ual who has resided in or received services from a facility or  provider
     8  agency  within the prior six months of the date of an alleged reportable
     9  incident, and the allegation of a reportable incident involves  a  post-
    10  discharge  relationship  between  the  service recipient and a custodian
    11  that violates the facility or provider agency's policies, rules or regu-
    12  lations.
    13    § 2. Subdivision 13 of section 130.00 of the penal law, as amended  by
    14  chapter 230 of the laws of 2004, is amended to read as follows:
    15    13.  "Mental  health  care  provider" shall mean a licensed physician,
    16  licensed psychologist, registered professional nurse, licensed  clinical
    17  social  worker  or a licensed master social worker under the supervision
    18  of a physician, psychologist or licensed clinical social  worker,  or  a
    19  credentialed alcoholism and substance abuse counselor.
    20    §  3.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10125-02-7