What's happening
This bill expands protections by deeming individuals with developmental disabilities in certain care settings incapable of giving consent to sexual activity with staff.
Why it matters
Closes legal loopholes to better protect vulnerable individuals. By specifying that individuals with developmental disabilities in a wider range of care settings cannot legally consent to sexual activity with staff, the bill targets gaps that previously left some people unprotected, especially those outside traditional residential facilities.
Expands scope beyond residential facilities. The amendment includes any program or facility operated, certified, authorized, or funded by the Office for People with Developmental Disabilities, significantly broadening the environments where these protections apply.
Strengthens accountability for all staff roles. The bill covers not just employees but also interns, consultants, contractors, and volunteers, making it harder for anyone in a position of authority or care to exploit individuals with developmental disabilities.
Reinforces power dynamics and consent issues. By legally establishing that individuals in these settings are incapable of giving consent to staff, the bill recognizes the inherent imbalance of power and aims to prevent abuses that may otherwise be rationalized as consensual.
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Who cares
Headline styles
Protect Disabled from Exploitation
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 Abuse
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1055
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed 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
S. 1055 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.
Sponsor's memo
Title of bill
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
Purpose of bill
This bill would provide that an individual with a developmental disability who is receiving services from OPWDD or an agency operated, certified, authorized or funded through OPWDD is incapable of consenting to sexual contact with an employee, intern, consultant, contractor or volunteer of such office or agency where the individual receives services.
Summary of provisions
Section 1 of the bill would amend Penal Law § 130.05(3) to add a new paragraph (j) to provide that, for purposes of determining whether an individual can consent to sexual contact for purposes of criminal liability under Article 130 of the Penal Law, an individual with a developmental disability cannot consent if he or she is receiving services from OPWDD or an agency operated, certified, authorized or funded through OPWDD and the actor is an employee, intern, consultant, contractor or volunteer of such agency where the individual receives services.
Section 2 of the bill would provide for an immediate effective date.
Existing law
Section 130.05 (3)(i) provides that a resident or inpatient of a residential facility operated, licensed or certified by OMH, OPWDD or OASAS is incapable of consenting to sexual conduct by an employee.
Legislative history
Same as S.5466 of 2014
Justification
This bill would enhance the safety of individuals who receive services from programs operated, licensed or funded by OPWDD by making it clear that such individuals are legally incapable of consenting to sexual contact with employees or other similar individuals who provide services to them. Under Penal Law § 130.05(1), lack of consent is an element of all sex offenses defined in Penal Law Article 130. Recognizing that consent is not-truly voluntary when a perpetrator is in a special position of authority over a victim, the Penal Law § 130.05(3) thereafter provides that certain individuals are legally incapable of consenting to sexual contact, including certain individuals who are incarcerated and in the custody of the Department of Corrections and Community Supervision (DOCCS), or in the care of the Office of Children and Family Services (OCFS). In 2012 the Governor signed into a law a provision that provides that residents or in-patients of a residential facility operated, licensed or certified by OMH, OPWDD or OASAS are incapable of consenting to a sexual contact if the actor is an employee, intern, consultant or contractor of the facility and not married to such resident or inpatient. however, the Provision only applies to residential and in-patient facilities. This bill would create a new provision providing that a person with developmental disabilities receiving services from a program operated, certified or authorized by OPWDD is incapable of consenting to sexual conduct. This provision expands upon what was passed last year to
encompass all services in order to ensure the safety of our most vulnerable population.
Budget implications
This bill would have no fiscal implications.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.