Senate Bill S4208

2023-2024 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 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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2023-S4208 (ACTIVE) - Details

Current Committee:
Senate Mental Health
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
2019-2020: S2632
2021-2022: S4923

2023-S4208 (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.

2023-S4208 (ACTIVE) - Sponsor Memo

2023-S4208 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4208
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 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
 surcharge  of  fifty  dollars.  The  comptroller is hereby authorized to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08506-01-3
              

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