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
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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.