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Assembly Bill A2053

2019-2020 Legislative Session

Relates to disqualification of employment for criminal history and the definition of ability to consent

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Archive: Last Bill Status - In Assembly Committee

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2019-A2053 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8582
2015-2016: A1022
2017-2018: A645

2019-A2053 (ACTIVE) - Summary

Relates to disqualification of employment for certain criminal history information and deeming an individual with a developmental disability as incapable of giving consent.

2019-A2053 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2053
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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 (j) of subdivision 3 of  section  130.05  of  the
 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
 2018, is amended and a new paragraph (k) is added to read as follows:
   (j)  detained  or  otherwise in the custody of a police officer, peace
 officer, or other law enforcement official and the  actor  is  a  police
 officer, peace officer or other law enforcement official who either: (i)
 is  detaining  or  maintaining custody of such person; or (ii) knows, or
 reasonably should know, that at the time of the offense, such person was
 detained or in custody[.]; OR
   (K) 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00726-01-9

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