What's happening
This bill expands protections for individuals with developmental disabilities by clarifying consent and disqualifying certain employees from sexual relations with service recipients.
Why it matters
Broader protection for vulnerable adults. By explicitly stating that individuals with developmental disabilities receiving services are "incapable of giving consent" to sexual activity with employees or affiliates of their service providers, the bill aims to close loopholes and prevent exploitation in care settings.
Applies to a wide range of workers. The legislation covers not just direct employees, but also interns, consultants, contractors, and volunteers, recognizing that abuse can come from anyone with privileged access to service recipients.
Addresses both public and private settings. The bill applies to any program or facility operated, certified, authorized, or funded by the Office for People with Developmental Disabilities, ensuring protections are consistent regardless of the provider’s legal or funding status.
Clarifies exceptions and boundaries. The amendment retains an exception for consensual relationships between service recipients who are both adults with developmental disabilities, as long as both have capacity and consent, keeping personal autonomy intact for those in peer relationships while focusing protections on staff-related abuses.
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Who cares
Headline styles
Protect Disabled From Abuse
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Disabled from Exploitation
In Senate Committee · Codes · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
645
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to disqualification of employment for certain criminal history information and deeming an individual with a developmental disability is incapable of giving consent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (i) of subdivision 3 of section 130.05 of the penal law, as added by section 2 of part G of chapter 501 of the laws of 2012, is amended and a new paragraph (j) is added to read as follows:
(i) a resident or inpatient of a residential facility operated, licensed or certified by (i) the office of mental health; (ii) the office for people with developmental disabilities; or (iii) the office of alcoholism and substance abuse services, and the actor is an employee of the facility not married to such resident or inpatient. For purposes of this paragraph, "employee" means either: an employee of the agency operating the residential facility, who knows or reasonably should know that such person is a resident or inpatient of such facility and who provides direct care services, case management services, medical or other clinical services, habilitative services or direct supervision of the residents in the facility in which the resident resides; or an officer or other employee, consultant, contractor or volunteer of the residential facility, who knows or reasonably should know that the person is a resident of such facility and who is in direct contact with residents or inpatients; provided, however, that the provisions of this paragraph shall only apply to a consultant, contractor or volunteer providing services pursuant to a contractual arrangement with the agency operating the residential facility or, in the case of a volunteer, a written agreement with such facility, provided that the person received written notice concerning the provisions of this paragraph; provided further,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01811-01-7
A. 645 2
however, "employee" shall not include a person with a developmental disability who is or was receiving services and is also an employee of a service provider and who has sexual contact with another service recipient who is a consenting adult who has consented to such contact[.]; or
(j) an individual with a developmental disability receiving services from a program or facility operated, certified or authorized by, or funded through, contract by the office for people with developmental disabilities where the actor is not married to such individual and is an employee, intern, consultant, contractor or volunteer of such program or facility where the individual receives services.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.