S T A T E O F N E W Y O R K
________________________________________________________________________
1022
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend 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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (i) of subdivision 3 of section 130.05 of the
penal law, as added by section 2 of part G of chapter 501 of the laws of
2012, is amended and a new paragraph (j) is added to read as follows:
(i) a resident or inpatient of a residential facility operated,
licensed or certified by (i) the office of mental health; (ii) the
office for people with developmental disabilities; or (iii) the office
of alcoholism and substance abuse services, and the actor is an employee
of the facility not married to such resident or inpatient. For purposes
of this paragraph, "employee" means either: an employee of the agency
operating the residential facility, who knows or reasonably should know
that such person is a resident or inpatient of such facility and who
provides direct care services, case management services, medical or
other clinical services, habilitative services or direct supervision of
the residents in the facility in which the resident resides; or an offi-
cer or other employee, consultant, contractor or volunteer of the resi-
dential facility, who knows or reasonably should know that the person is
a resident of such facility and who is in direct contact with residents
or inpatients; provided, however, that the provisions of this paragraph
shall only apply to a consultant, contractor or volunteer providing
services pursuant to a contractual arrangement with the agency operating
the residential facility or, in the case of a volunteer, a written
agreement with such facility, provided that the person received written
notice concerning the provisions of this paragraph; provided further,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02166-01-5
A. 1022 2
however, "employee" shall not include a person with a developmental
disability who is or was receiving services and is also an employee of a
service provider and who has sexual contact with another service recipi-
ent who is a consenting adult who has consented to such contact[.]; OR
(J) 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 2. This act shall take effect immediately.