NY A08364

Adds Section 13.40 to Mental Hygiene Law requiring the Office for People with Developmental Disabilities to deny employment or volunteer applications based on specified criminal convictions, including offenses related to assault, sexual abuse, child endangerment, kidnapping, robbery, and drug offenses.

Expands the definition of incapacity to consent to sexual conduct in Penal Law Section 130.05 to include individuals with developmental disabilities receiving services from programs operated or funded by the Office for People with Developmental Disabilities, where the accused is an employee, intern, consultant, contractor, or volunteer and not married to the individual.

Applies the employment disqualification provisions to prospective employees and volunteers of the Office and contractors or providers authorized to deliver services on behalf of the Office.

Takes effect immediately upon enactment.