senate Bill S2632

2019-2020 Legislative Session

Requires a criminal history report for certain employment or volunteer applicants to the office for people with developmental disabilities

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to mental health and developmental disabilities
Jan 28, 2019 referred to mental health and developmental disabilities

S2632 (ACTIVE) - Details

Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.19, Ment Hyg L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6326
2013-2014: S2301
2015-2016: S3847
2017-2018: S6289

S2632 (ACTIVE) - Summary

Directs the commissioner of the office for people with developmental disabilities to deny employment or volunteer applications based on a criminal history report for such applicant.

S2632 (ACTIVE) - Sponsor Memo

S2632 (ACTIVE) - Bill Text download pdf


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

                                  2632

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
  relation  to  directing the commissioner of developmental disabilities
  to promulgate regulations authorizing the  denial  or  disapproval  of
  certain  employment  or  volunteer  applications  following a criminal
  history report for such applicant

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  13.19  of the mental hygiene law is amended by
adding a new subdivision (e) to read as follows:
  (E) THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  (I)  REQUIRING  A
CRIMINAL HISTORY REPORT FOR ANY PROSPECTIVE EMPLOYEE OR VOLUNTEER IN THE
OFFICE  WHO WILL HAVE REGULAR DIRECT PATIENT CONTACT; AND (II) AUTHORIZ-
ING THE DENIAL OR DISAPPROVAL  OF  ANY  APPLICATION  FOR  EMPLOYMENT  OR
VOLUNTEER  SERVICE  IN  THE OFFICE FOR A POSITION THAT WILL HAVE REGULAR
DIRECT PATIENT CONTACT WHERE A CRIMINAL HISTORY REPORT  CONCERNING  SUCH
PROSPECTIVE  EMPLOYEE  OR VOLUNTEER REVEALS A CONVICTION FOR ANY OFFENSE
THE COMMISSIONER DETERMINES WOULD  MAKE  SUCH  PROSPECTIVE  EMPLOYEE  OR
VOLUNTEER UNFIT FOR EMPLOYMENT BY THE OFFICE.
  §  2.  Subdivision 8-a of section 837 of the executive law, as amended
by chapter 561 of the laws of 2006, is amended to read as follows:
  8-a. Charge a fee when, pursuant to statute or the regulations of  the
division,  it  conducts  a  search  of  its criminal history records and
returns a report thereon in connection with an application  for  employ-
ment  or for a license or permit. The division shall adopt and may, from
time to time, amend a schedule of such fees which shall  be  in  amounts
determined  by  the  division  to  be  reasonably related to the cost of
conducting such searches and returning reports thereon but, in no event,
shall  any  such  fee  exceed  twenty-five  dollars  and  an  additional

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

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