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Assembly Bill A7670C

2011-2012 Legislative Session

Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A7670 - Details

See Senate Version of this Bill:
S5257
Current Committee:
Assembly Codes
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2715, S2197
2015-2016: A5265, S3639

2011-A7670 - Summary

Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities.

2011-A7670 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7670

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the civil service law, in relation to  the  physical  or
  sexual abuse of people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 75 of the civil service law is amended by adding  a
new subdivision 5 to read as follows:
  5.  DISCIPLINE  OF  AN EMPLOYEE FOR PHYSICAL OR SEXUAL ABUSE OF PEOPLE
WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF  A  PROGRAM  OR
FACILITY  OPERATED,  CERTIFIED OR LICENSED BY THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES IS IDENTIFIED IN AN  INCIDENT  REPORT  TO  BE
INVOLVED  IN AN ACT OF PHYSICAL OR SEXUAL ABUSE AGAINST A PERSON RECEIV-
ING CARE IN SUCH PROGRAM OR FACILITY, SUCH EMPLOYEE SHALL BE  PLACED  ON
ADMINISTRATIVE  LEAVE  IMMEDIATELY  WITHOUT PAY PENDING FURTHER INVESTI-
GATION. IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND  THE
PHYSICAL  OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED AND
SUCH TERMINATION DECISION SHALL BECOME FINAL  AND  SHALL  SUPERSEDE  ANY
APPLICABLE COLLECTIVE BARGAINING AGREEMENT PROVISIONS.
  (B)  A  PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE FILED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30
OF THE PENAL LAW.
  (C) NOTWITHSTANDING SECTION TWO HUNDRED NINE-A OF  THIS  CHAPTER,  FOR
PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING
AGREEMENT,  THIS SECTION SHALL SUPERSEDE ANY EXISTING OR EXPIRED COLLEC-
TIVE BARGAINING AGREEMENT.
  (D) THE PRESIDENT  SHALL  PROMULGATE  REGULATIONS  TO  IMPLEMENT  THIS
SECTION,  INCLUDING  A  DEFINITION OF "PHYSICAL OR SEXUAL ABUSE" AND THE
ESTABLISHMENT OF TIME FRAMES NOT TO EXCEED A TIME  PERIOD  SPECIFIED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11439-01-1

2011-A7670A - Details

See Senate Version of this Bill:
S5257
Current Committee:
Assembly Codes
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2715, S2197
2015-2016: A5265, S3639

2011-A7670A - Summary

Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities.

2011-A7670A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7670--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the civil service law, in relation to  the  physical  or
  sexual abuse of people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 75 of the civil service law is amended by adding  a
new subdivision 5 to read as follows:
  5.  DISCIPLINE  OF  AN EMPLOYEE FOR PHYSICAL OR SEXUAL ABUSE OF PEOPLE
WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF  A  PROGRAM  OR
FACILITY  OPERATED,  CERTIFIED OR LICENSED BY THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES IS IDENTIFIED IN AN INCIDENT  REPORT  AS  THE
PERPETRATOR  OF  AN  ACT  OF  PHYSICAL  OR SEXUAL ABUSE AGAINST A PERSON
RECEIVING CARE IN SUCH PROGRAM  OR  FACILITY,  SUCH  EMPLOYEE  SHALL  BE
PLACED  ON  ADMINISTRATIVE  LEAVE  IMMEDIATELY  PENDING FURTHER INVESTI-
GATION. IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND  THE
PHYSICAL  OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED AND
SUCH TERMINATION DECISION SHALL BECOME FINAL  AND  SHALL  SUPERSEDE  ANY
APPLICABLE COLLECTIVE BARGAINING AGREEMENT PROVISIONS.
  (B)  A  PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE FILED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30
OF THE PENAL LAW.
  (C) NOTWITHSTANDING SECTION TWO HUNDRED NINE-A OF  THIS  CHAPTER,  FOR
PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING
AGREEMENT,  THIS  SUBDIVISION  SHALL  SUPERSEDE  ANY EXISTING OR EXPIRED
COLLECTIVE BARGAINING AGREEMENT.
  (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS  TO  IMPLEMENT  THIS
SUBDIVISION,  INCLUDING  A  DEFINITION OF "PHYSICAL OR SEXUAL ABUSE" AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11439-04-1

2011-A7670B - Details

See Senate Version of this Bill:
S5257
Current Committee:
Assembly Codes
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2715, S2197
2015-2016: A5265, S3639

2011-A7670B - Summary

Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities.

2011-A7670B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7670--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the civil service law, in relation to the physical or
  sexual abuse of people with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 75 of the civil service law is amended by adding a
new subdivision 5 to read as follows:
  5. DISCIPLINE OF AN EMPLOYEE FOR PHYSICAL OR SEXUAL  ABUSE  OF  PEOPLE
WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW  TO  THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF A PROGRAM OR
FACILITY OPERATED, CERTIFIED OR LICENSED BY THE OFFICE FOR  PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES  IS  IDENTIFIED IN AN INCIDENT REPORT AS THE
PERPETRATOR OF AN ACT OF PHYSICAL  OR  SEXUAL  ABUSE  AGAINST  A  PERSON
RECEIVING  CARE  IN  SUCH  PROGRAM  OR  FACILITY, SUCH EMPLOYEE SHALL BE
PLACED ON ADMINISTRATIVE  LEAVE  IMMEDIATELY  PENDING  FURTHER  INVESTI-
GATION.  IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND THE
PHYSICAL OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED  AND
SUCH  TERMINATION  DECISION  SHALL  BECOME FINAL AND SHALL SUPERSEDE ANY
APPLICABLE COLLECTIVE BARGAINING AGREEMENT PROVISIONS.
  (B) A PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE  FILED  PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30
OF THE PENAL LAW.
  (C)  NOTWITHSTANDING  SECTION  TWO HUNDRED NINE-A OF THIS CHAPTER, FOR
PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING
AGREEMENT, THIS SUBDIVISION SHALL BE DEEMED EFFECTIVE UPON THE DATE SUCH
COLLECTIVE BARGAINING AGREEMENT TAKES EFFECT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11439-05-1

co-Sponsors

2011-A7670C (ACTIVE) - Details

See Senate Version of this Bill:
S5257
Current Committee:
Assembly Codes
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2715, S2197
2015-2016: A5265, S3639

2011-A7670C (ACTIVE) - Summary

Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities.

2011-A7670C (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7670--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the civil service law, in relation to the physical or
  sexual abuse of people with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 75 of the civil service law is amended by adding a
new subdivision 5 to read as follows:
  5. DISCIPLINE OF AN EMPLOYEE FOR PHYSICAL OR SEXUAL  ABUSE  OF  PEOPLE
WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW  TO  THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF A PROGRAM OR
FACILITY OPERATED, CERTIFIED OR LICENSED BY THE OFFICE FOR  PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES  IS  IDENTIFIED IN AN INCIDENT REPORT AS THE
PERPETRATOR OF AN ACT OF PHYSICAL  OR  SEXUAL  ABUSE  AGAINST  A  PERSON
RECEIVING  CARE  IN  SUCH  PROGRAM  OR  FACILITY, SUCH EMPLOYEE SHALL BE
PLACED ON ADMINISTRATIVE  LEAVE  IMMEDIATELY  PENDING  FURTHER  INVESTI-
GATION.  IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND THE
PHYSICAL OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED  AND
SUCH TERMINATION DECISION SHALL BECOME FINAL.
  (B)  A  PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE FILED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30
OF THE PENAL LAW.
  (C) NOTWITHSTANDING SECTION TWO HUNDRED NINE-A OF  THIS  CHAPTER,  FOR
PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING
AGREEMENT,  THIS SUBDIVISION SHALL ONLY APPLY TO DISCIPLINARY PROCEDURES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11439-07-1

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