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Assembly Bill A2715

2013-2014 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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2013-A2715 (ACTIVE) - Details

See Senate Version of this Bill:
S2197
Current Committee:
Assembly Codes
Law Section:
Civil Service Law
Laws Affected:
Amd ยง75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7670, S5257
2015-2016: A5265, S3639

2013-A2715 (ACTIVE) - Summary

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

2013-A2715 (ACTIVE) - Bill Text download pdf 

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

                                  2715

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

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  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
IMPLEMENTED UNDER A COLLECTIVE BARGAINING AGREEMENT THAT TAKES EFFECT ON
OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (D)  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
SUBDIVISION, INCLUDING A DEFINITION OF "PHYSICAL OR  SEXUAL  ABUSE"  AND
THE  ESTABLISHMENT  OF TIME FRAMES NOT TO EXCEED A TIME PERIOD SPECIFIED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05313-01-3

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