Bill Text: NY S05711 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to disqualification of employment for certain criminal history information and deeming an individual with a developmental disability as incapable of giving consent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S05711 Detail]

Download: New_York-2011-S05711-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5711
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 13, 2011
                                      ___________
       Introduced by Sen. McDONALD -- (at request of the Office for People with
         Developmental  Disabilities)  --  read  twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the mental hygiene law and the penal law, in relation to
         disqualification of employment for certain criminal  history  informa-
         tion  and  deeming  an  individual  with a developmental disability is
         incapable of giving consent
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The mental hygiene law is amended by adding a new section
    2  13.40 to read as follows:
    3  S 13.40 DISQUALIFICATION FOR CERTAIN CRIMINAL HISTORY INFORMATION.
    4    NOTWITHSTANDING ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW  AND  ANY
    5  OTHER LAW TO THE CONTRARY, THE OFFICE SHALL DENY OR DISAPPROVE AN APPLI-
    6  CATION FOR EMPLOYMENT OR VOLUNTEER SERVICE FOR A PROSPECTIVE EMPLOYEE OR
    7  VOLUNTEER OF THE OFFICE OR OF A PROVIDER OF SERVICES THAT CONTRACTS WITH
    8  OR  IS  APPROVED  OR  OTHERWISE  AUTHORIZED  BY  THE  OFFICE  TO PROVIDE
    9  SERVICES, WHERE CRIMINAL HISTORY  INFORMATION  RECEIVED  PURSUANT  TO  A
   10  CRIMINAL  HISTORY  RECORD  CHECK  CONCERNING THE PROSPECTIVE EMPLOYEE OR
   11  VOLUNTEER REVEALS A CONVICTION FOR:
   12    (A) ANY OFFENSE PURSUANT TO ARTICLE ONE  HUNDRED  TWENTY-FIVE  OF  THE
   13  PENAL LAW;
   14    (B)  ANY  OFFENSE  PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE PENAL
   15  LAW;
   16    (C) ANY FELONY OFFENSE PURSUANT TO ARTICLE ONE HUNDRED TWENTY  OF  THE
   17  PENAL LAW;
   18    (D)  ANY  OFFENSE  PURSUANT  TO ARTICLE ONE HUNDRED FIFTY OF THE PENAL
   19  LAW;
   20    (E) ENDANGERING THE WELFARE OF A CHILD PURSUANT TO SECTION  260.10  OF
   21  THE PENAL LAW;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12049-03-1
       S. 5711                             2
    1    (F)  ENDANGERING  THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED
    2  PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW;
    3    (G)  ENDANGERING  THE  WELFARE  OF  A VULNERABLE ELDERLY PERSON, OR AN
    4  INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE SECOND DEGREE  PURSUANT
    5  TO SECTION 260.32 OF THE PENAL LAW;
    6    (H)  ENDANGERING  THE  WELFARE  OF  A VULNERABLE ELDERLY PERSON, OR AN
    7  INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE FIRST  DEGREE  PURSUANT
    8  TO SECTION 260.34 OF THE PENAL LAW;
    9    (I)  ANY  OFFENSE  PURSUANT  TO ARTICLE TWO HUNDRED SIXTY-THREE OF THE
   10  PENAL LAW;
   11    (J) KIDNAPPING IN THE FIRST DEGREE PURSUANT TO SECTION 135.25  OF  THE
   12  PENAL LAW;
   13    (K)  KIDNAPPING IN THE SECOND DEGREE PURSUANT TO SECTION 135.20 OF THE
   14  PENAL LAW;
   15    (L) ROBBERY IN THE SECOND DEGREE PURSUANT TO  SECTION  160.10  OF  THE
   16  PENAL LAW;
   17    (M)  ROBBERY  IN  THE  FIRST  DEGREE PURSUANT TO SECTION 160.15 OF THE
   18  PENAL LAW;
   19    (N) ANY ATTEMPT TO  COMMIT  ANY  OF  THE  CRIMES  REFERENCED  IN  THIS
   20  SECTION; OR
   21    (O) ANY COMPARABLE OFFENSE IN ANY OTHER JURISDICTION.
   22    S  2.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
   23  law, as amended by chapter 264 of the laws of 2003, is amended and a new
   24  paragraph (i) is added to read as follows:
   25    (h) a client or patient and the actor is a  health  care  provider  or
   26  mental  health  care  provider  charged with rape in the third degree as
   27  defined in section 130.25, criminal sexual act in the  third  degree  as
   28  defined  in section 130.40, aggravated sexual abuse in the fourth degree
   29  as defined in section 130.65-a, or sexual abuse in the third  degree  as
   30  defined in section 130.55, and the act of sexual conduct occurs during a
   31  treatment session, consultation, interview, or examination[.]; OR
   32    (I)  AN  INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY RECEIVING SERVICES
   33  FROM A PROGRAM OR FACILITY OPERATED,  CERTIFIED  OR  AUTHORIZED  BY,  OR
   34  FUNDED  THROUGH,  CONTRACT  BY  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
   35  DISABILITIES WHERE THE ACTOR IS NOT MARRIED TO SUCH INDIVIDUAL AND IS AN
   36  EMPLOYEE, INTERN, CONSULTANT, CONTRACTOR OR VOLUNTEER OF SUCH PROGRAM OR
   37  FACILITY WHERE THE INDIVIDUAL RECEIVES SERVICES.
   38    S 3. This act shall take effect immediately.