Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to mental health and developmental disabilities returned to senate died in assembly |
Jun 20, 2011 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1405 |
Jun 13, 2011 |
referred to rules |
Senate Bill S5711
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S5711 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8364
- Current Committee:
- Senate Mental Health And Developmental Disabilities
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Add §13.40, Ment Hyg L; amd §130.05, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S5466
2015-2016: S635
2017-2018: S1055
2011-S5711 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5711 TITLE OF BILL: An act to amend the mental hygiene law and the penal law, in relation to disqualification of employment for certain criminal history information and deeming an individual with a developmental disability is incapable of giving consent PURPOSE OF BILL: This bill would: (1) prohibit the Office for People With Developmental Disabilities (OPWDD) and authorized agencies from hiring individuals convicted of certain violent and serious crimes; and (2) provide that an individual with a developmental disability who is receiving services from OPWDD or an agency operated, certified, authorized or funded through OPWDD is incapable of consenting to sexual contact with an employee, intern, consultant, contractor or volunteer of such office or agency where the individual receives services. SUMMARY OF PROVISIONS: Section 1 of the bill would amend the Mental Hygiene Law (MHL) to add a new section 13.40 to provide that OPWDD and authorized agencies may not hire an individual who has been convicted of certain crimes,
2011-S5711 (ACTIVE) - Bill Text download pdf
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: Section 1. The mental hygiene law is amended by adding a new section 13.40 to read as follows: S 13.40 DISQUALIFICATION FOR CERTAIN CRIMINAL HISTORY INFORMATION. NOTWITHSTANDING ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND ANY OTHER LAW TO THE CONTRARY, THE OFFICE SHALL DENY OR DISAPPROVE AN APPLI- CATION FOR EMPLOYMENT OR VOLUNTEER SERVICE FOR A PROSPECTIVE EMPLOYEE OR VOLUNTEER OF THE OFFICE OR OF A PROVIDER OF SERVICES THAT CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE OFFICE TO PROVIDE SERVICES, WHERE CRIMINAL HISTORY INFORMATION RECEIVED PURSUANT TO A CRIMINAL HISTORY RECORD CHECK CONCERNING THE PROSPECTIVE EMPLOYEE OR VOLUNTEER REVEALS A CONVICTION FOR: (A) ANY OFFENSE PURSUANT TO ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW; (B) ANY OFFENSE PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW; (C) ANY FELONY OFFENSE PURSUANT TO ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW; (D) ANY OFFENSE PURSUANT TO ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW; (E) ENDANGERING THE WELFARE OF A CHILD PURSUANT TO SECTION 260.10 OF THE PENAL LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12049-03-1
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