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

                                  8364

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2011
                               ___________

Introduced  by  M.  of  A. ORTIZ -- (at request of the Office for People
  with Developmental Disabilities) -- read  once  and  referred  to  the
  Committee on Mental Health

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

              

A. 8364                             2

  (F) ENDANGERING THE WELFARE OF AN INCOMPETENT OR  PHYSICALLY  DISABLED
PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW;
  (G)  ENDANGERING  THE  WELFARE  OF  A VULNERABLE ELDERLY PERSON, OR AN
INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE SECOND DEGREE  PURSUANT
TO SECTION 260.32 OF THE PENAL LAW;
  (H)  ENDANGERING  THE  WELFARE  OF  A VULNERABLE ELDERLY PERSON, OR AN
INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE FIRST  DEGREE  PURSUANT
TO SECTION 260.34 OF THE PENAL LAW;
  (I)  ANY  OFFENSE  PURSUANT  TO ARTICLE TWO HUNDRED SIXTY-THREE OF THE
PENAL LAW;
  (J) KIDNAPPING IN THE FIRST DEGREE PURSUANT TO SECTION 135.25  OF  THE
PENAL LAW;
  (K)  KIDNAPPING IN THE SECOND DEGREE PURSUANT TO SECTION 135.20 OF THE
PENAL LAW;
  (L) ROBBERY IN THE SECOND DEGREE PURSUANT TO  SECTION  160.10  OF  THE
PENAL LAW;
  (M)  ROBBERY  IN  THE  FIRST  DEGREE PURSUANT TO SECTION 160.15 OF THE
PENAL LAW;
  (N) ANY ATTEMPT TO  COMMIT  ANY  OF  THE  CRIMES  REFERENCED  IN  THIS
SECTION; OR
  (O) ANY COMPARABLE OFFENSE IN ANY OTHER JURISDICTION.
  S  2.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
law, as amended by chapter 264 of the laws of 2003, is amended and a new
paragraph (i) is added to read as follows:
  (h) a client or patient and the actor is a  health  care  provider  or
mental  health  care  provider  charged with rape in the third degree as
defined in section 130.25, criminal sexual act in the  third  degree  as
defined  in section 130.40, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination[.]; OR
  (I)  AN  INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY RECEIVING SERVICES
FROM A PROGRAM OR FACILITY OPERATED,  CERTIFIED  OR  AUTHORIZED  BY,  OR
FUNDED  THROUGH,  CONTRACT  BY  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES WHERE THE ACTOR IS NOT MARRIED TO SUCH INDIVIDUAL AND IS AN
EMPLOYEE, INTERN, CONSULTANT, CONTRACTOR OR VOLUNTEER OF SUCH PROGRAM OR
FACILITY WHERE THE INDIVIDUAL RECEIVES SERVICES.
  S 3. This act shall take effect immediately.