New York S 5882: Requires a criminal history report for certain employment or volunteer applicants to the office for people with developmental disabilities

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S05882 Summary:

BILL NOS05882 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLANZA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §13.19, Ment Hyg L; amd §837, Exec L

&nbsp

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.

Go to top S05882 Actions:

BILL NOS05882 

&nbsp

03/03/2025REFERRED TO MENTAL HEALTH

01/07/2026REFERRED TO MENTAL HEALTH

Go to topS05882 Committee&nbspVotes:

Go to topS05882 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05882 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5882

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 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:

 1 Section 1. Section 13.19 of the mental hygiene law is amended by
 2 adding a new subdivision (e) to read as follows:
 3 (e) The commissioner shall promulgate regulations (i) requiring a
 4 criminal history report for any prospective employee or volunteer in the
 5 office who will have regular direct patient contact; and (ii) authoriz-
 6 ing the denial or disapproval of any application for employment or
 7 volunteer service in the office for a position that will have regular
 8 direct patient contact where a criminal history report concerning such
 9 prospective employee or volunteer reveals a conviction for any offense
 10 the commissioner determines would make such prospective employee or
 11 volunteer unfit for employment by the office.
 12 § 2. Subdivision 8-a of section 837 of the executive law, as amended
 13 by chapter 561 of the laws of 2006, is amended to read as follows:
 14 8-a. Charge a fee when, pursuant to statute or the regulations of the
 15 division, it conducts a search of its criminal history records and
 16 returns a report thereon in connection with an application for employ-
 17 ment or for a license or permit. The division shall adopt and may, from
 18 time to time, amend a schedule of such fees which shall be in amounts
 19 determined by the division to be reasonably related to the cost of
 20 conducting such searches and returning reports thereon but, in no event,
 21 shall any such fee exceed twenty-five dollars and an additional
 22 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.
 LBD09886-01-5

 S. 5882 2

 1 deposit such fees into the general fund, provided, however, that the
 2 monies received by the division of criminal justice services for payment
 3 of the additional surcharge shall be deposited in equal amounts to the
 4 general fund and to the fingerprint identification and technology
 5 account. Notwithstanding the foregoing, the division shall not request
 6 or accept any fee for searching its records and supplying a criminal
 7 history report pursuant to section two hundred fifty-one-b of the gener-
 8 al business law relating to participating in flight instruction at any
 9 aeronautical facility, flight school or institution of higher learning,
 10 nor for searching its records and supplying a criminal history report
 11 pursuant to regulations adopted under section 13.19 of the mental
 12 hygiene law.
 13 § 3. This act shall take effect immediately.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps