Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to civil service and pensions |
Feb 13, 2015 |
referred to civil service and pensions |
Senate Bill S3639
2015-2016 Legislative Session
Sponsored By
(R, C, IP) 62nd Senate District
Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP) Senate District
2015-S3639 (ACTIVE) - Details
2015-S3639 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3639 TITLE OF BILL: An act to amend the civil service law, in relation to the physical or sexual abuse of people with developmental disabilities PURPOSE: This bill amends Section 75 of the Civil Services law to ensure that employees with a record of substantiated physical or sexual abuse against people with developmental disabilities can no longer care for those individuals'. It also ensures that employees charged with an allegation of such conduct cannot care for people with developmental disabilities until such allegations are found to be unsubstantiated. SUMMARY OF PROVISIONS: The bill amends section 75 of the Civil Service Law to require that an individual who is named in an incident abuse report as the perpetrator of sexual or physical abuse and is an employee of the Office for People with Developmental Disabilities (OPWDD) shall be suspended until such charge is either found to be substantiated of unsubstantiated. If the charge is substantiated, the individual is terminated. Persons filing a false incident report are subject to section 175.30 of the Penal Law. The Commissioner of OPWDD must define
2015-S3639 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3639 2015-2016 Regular Sessions I N S E N A T E February 13, 2015 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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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