Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to governmental operations |
Feb 17, 2015 |
referred to governmental operations |
Assembly Bill A5265
2015-2016 Legislative Session
Sponsored By
ABINANTI
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
Actions
2015-A5265 (ACTIVE) - Details
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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