S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6745
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2019
                                ___________
 
 Introduced  by M. of A. ASHBY -- read once and referred to the Committee
   on Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 7 of article 5 of the constitution, in
   relation to the public pension of a state employee

   Section 1. Resolved (if the Senate concur), That section 7 of  article
 5  of the constitution be amended by adding two new subdivisions (e) and
 (f) to read as follows:
   (E) NOTWITHSTANDING  SUBDIVISION  (A)  OF  THIS  SECTION,  THE  PUBLIC
 PENSION  OF A STATE EMPLOYEE WHO STANDS CONVICTED OF A FELONY CONSTITUT-
 ING PHYSICAL ABUSE,  SEXUAL  ABUSE,  EMOTIONAL  ABUSE,  ACTIVE  NEGLECT,
 PASSIVE  NEGLECT OR FINANCIAL EXPLOITATION, AS SUCH TERMS ARE DEFINED IN
 SUBDIVISION (F) OF THIS SECTION, OF AN ADULT WHICH SUCH  STATE  EMPLOYEE
 IS TASKED TO WORK WITH IN THE PERFORMANCE OF THE STATE EMPLOYEE'S EXIST-
 ING DUTIES, MAY BE REDUCED OR REVOKED, FOLLOWING NOTICE AND A HEARING BY
 AN APPROPRIATE COURT, AS PROVIDED BY LAW. THE COURT DETERMINATION WHETH-
 ER  TO REDUCE OR REVOKE SUCH PENSION SHALL BE BASED ON THE CONSIDERATION
 OF FACTORS INCLUDING THE SEVERITY OF THE CRIME AND  THE  PROPORTIONALITY
 OF A REDUCTION OR REVOCATION OF SUCH PENSION TO SUCH CRIME. WHEN A COURT
 ISSUES  AN  ORDER  TO  REDUCE  OR  REVOKE  SUCH PENSION, THE COURT SHALL
 CONSIDER AND DETERMINE SPECIFIC  FINDINGS  AS  TO  THE  AMOUNT  OF  SUCH
 FORFEITURE,  IF  ANY, AND WHETHER FORFEITURE, IN WHOLE OR IN PART, WOULD
 RESULT IN UNDUE HARDSHIP OR OTHER INEQUITY UPON ANY DEPENDANT  CHILDREN,
 SPOUSE  OR  OTHER  DEPENDANTS; AND OTHER FACTORS AS PROVIDED BY LAW. THE
 LEGISLATURE SHALL ENACT LEGISLATION TO IMPLEMENT THIS  AMENDMENT  TAKING
 INTO ACCOUNT INTERESTS OF JUSTICE.
   (F) DEFINITIONS. AS USED IN THIS SECTION:
   (I)  "PHYSICAL  ABUSE"  MEANS  THE  NON-ACCIDENTAL  USE  OF FORCE THAT
 RESULTS IN BODILY INJURY, PAIN OR IMPAIRMENT, INCLUDING BUT NOT  LIMITED
 TO,  BEING  SLAPPED,  BURNED,  CUT,  BRUISED  OR  IMPROPERLY  PHYSICALLY
 RESTRAINED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89122-01-9

 A. 6745                             2
 
   (II) "SEXUAL ABUSE" MEANS NON-CONSENSUAL SEXUAL CONTACT OF  ANY  KIND,
 INCLUDING BUT NOT LIMITED TO, FORCING SEXUAL CONTACT OR FORCING SEX WITH
 A THIRD PARTY.
   (III)   "EMOTIONAL  ABUSE"  MEANS  WILLFUL  INFLICTION  OF  MENTAL  OR
 EMOTIONAL ANGUISH BY THREAT, HUMILIATION, INTIMIDATION OR OTHER  ABUSIVE
 CONDUCT,  INCLUDING  BUT  NOT  LIMITED  TO,  FRIGHTENING OR ISOLATING AN
 ADULT.
   (IV) "ACTIVE NEGLECT"  MEANS  WILLFUL  FAILURE  BY  THE  CAREGIVER  TO
 FULFILL  THE  CARE-TAKING  FUNCTIONS AND RESPONSIBILITIES ASSUMED BY THE
 CAREGIVER, INCLUDING BUT NOT LIMITED  TO,  ABANDONMENT,  WILLFUL  DEPRI-
 VATION  OF  FOOD, WATER, HEAT, CLEAN CLOTHING AND BEDDING, EYEGLASSES OR
 DENTURES, OR HEALTH RELATED SERVICES.
   (V) "PASSIVE NEGLECT" MEANS NON-WILLFUL  FAILURE  OF  A  CAREGIVER  TO
 FULFILL  CARE-TAKING FUNCTIONS AND RESPONSIBILITIES ASSUMED BY THE CARE-
 GIVER, INCLUDING BUT NOT LIMITED TO, ABANDONMENT OR DENIAL  OF  FOOD  OR
 HEALTH  RELATED  SERVICES  BECAUSE  OF  INADEQUATE  CAREGIVER KNOWLEDGE,
 INFIRMITY, OR DISPUTING THE VALUE OF PRESCRIBED SERVICES.
   (VI) "FINANCIAL EXPLOITATION" MEANS IMPROPER USE OF AN ADULT'S  FUNDS,
 PROPERTY  OR  RESOURCES BY ANOTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED
 TO, FRAUD, FALSE PRETENSES, EMBEZZLEMENT, CONSPIRACY, FORGERY,  FALSIFY-
 ING RECORDS, COERCED PROPERTY TRANSFERS OR DENIAL OF ACCESS TO ASSETS.
   §  2. Resolved (if the Senate concur), That the foregoing amendment be
 referred to the first regular legislative session  convening  after  the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.