Assembly Bill A5265

2015-2016 Legislative Session

Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A5265 (ACTIVE) - Details

See Senate Version of this Bill:
S3639
Current Committee:
Assembly Governmental Operations
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7670, S5257
2013-2014: A2715, S2197

2015-A5265 (ACTIVE) - Summary

Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities.

2015-A5265 (ACTIVE) - Bill Text download pdf

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

                                  5265

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend the civil service law, in relation to the physical or
  sexual abuse of people with developmental disabilities

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

  Section  1. Section 75 of the civil service law is amended by adding a
new subdivision 5 to read as follows:
  5. DISCIPLINE OF AN EMPLOYEE FOR PHYSICAL OR SEXUAL  ABUSE  OF  PEOPLE
WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW  TO  THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF A PROGRAM OR
FACILITY OPERATED, CERTIFIED OR LICENSED BY THE OFFICE FOR  PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES  IS  IDENTIFIED IN AN INCIDENT REPORT AS THE
PERPETRATOR OF AN ACT OF PHYSICAL  OR  SEXUAL  ABUSE  AGAINST  A  PERSON
RECEIVING  CARE  IN  SUCH  PROGRAM  OR  FACILITY, SUCH EMPLOYEE SHALL BE
PLACED ON ADMINISTRATIVE  LEAVE  IMMEDIATELY  PENDING  FURTHER  INVESTI-
GATION.  IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND THE
PHYSICAL OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED  AND
SUCH TERMINATION DECISION SHALL BECOME FINAL.
  (B)  A  PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE FILED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30
OF THE PENAL LAW.
  (C) NOTWITHSTANDING SECTION TWO HUNDRED NINE-A OF  THIS  CHAPTER,  FOR
PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING
AGREEMENT,  THIS SUBDIVISION SHALL ONLY APPLY TO DISCIPLINARY PROCEDURES
IMPLEMENTED UNDER A COLLECTIVE BARGAINING AGREEMENT THAT TAKES EFFECT ON
OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS  TO  IMPLEMENT  THIS
SUBDIVISION,  INCLUDING  A  DEFINITION OF "PHYSICAL OR SEXUAL ABUSE" AND
THE ESTABLISHMENT OF TIME FRAMES NOT TO EXCEED A TIME  PERIOD  SPECIFIED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05004-01-5

              

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