Bill Text: NY A00045 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that a full time elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee at his or her school or a co-located school, including volunteers, when the employee is 18 or older and more than 4 years older than such student at the time of the act and knows or should reasonably have known that the student was a student at the school or a co-located school, and such employee is not a full time student at such school, nor married to such student.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00045 Detail]

Download: New_York-2021-A00045-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           45

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of A. GUNTHER, GALEF, BENEDETTO, MONTESANO -- Multi-
          Sponsored by -- M.  of  A.  BARCLAY,  DAVILA,  J. M. GIGLIO,  GOODELL,
          PERRY, J. RIVERA, THIELE -- read once and referred to the Committee on
          Codes

        AN  ACT to amend the penal law, in relation to providing that an elemen-
          tary or secondary school student shall be incapable of  consenting  to
          sexual conduct with a school employee

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 130.00 of the penal law is amended by adding a  new
     2  subdivision 14 to read as follows:
     3    14.  "School  employee" shall mean any person defined as an "employee"
     4  or "volunteer" pursuant to section eleven  hundred  twenty-five  of  the
     5  education law.
     6    §  2. Paragraphs (i) and (j) of subdivision 3 of section 130.05 of the
     7  penal law, paragraph (i) as  amended  and  paragraph  (j)  as  added  by
     8  section  1 of part JJ of chapter 55 of the laws of 2018, are amended and
     9  a new paragraph (k) is added to read as follows:
    10    (i) a resident  or  inpatient  of  a  residential  facility  operated,
    11  licensed  or  certified  by  (i)  the  office of mental health; (ii) the
    12  office for people with developmental disabilities; or (iii)  the  office
    13  of alcoholism and substance abuse services, and the actor is an employee
    14  of  the facility not married to such resident or inpatient. For purposes
    15  of this paragraph, "employee" means either: an employee  of  the  agency
    16  operating  the residential facility, who knows or reasonably should know
    17  that such person is a resident or inpatient of  such  facility  and  who
    18  provides  direct  care  services,  case  management services, medical or
    19  other clinical services, habilitative services or direct supervision  of
    20  the residents in the facility in which the resident resides; or an offi-
    21  cer  or other employee, consultant, contractor or volunteer of the resi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02430-01-1
        A. 45                               2

     1  dential facility, who knows or reasonably should know that the person is
     2  a resident of such facility and who is in direct contact with  residents
     3  or  inpatients; provided, however, that the provisions of this paragraph
     4  shall  only  apply  to  a  consultant, contractor or volunteer providing
     5  services pursuant to a contractual arrangement with the agency operating
     6  the residential facility or, in the  case  of  a  volunteer,  a  written
     7  agreement  with such facility, provided that the person received written
     8  notice concerning the provisions of this  paragraph;  provided  further,
     9  however,  "employee"  shall  not  include  a person with a developmental
    10  disability who is or was receiving services and is also an employee of a
    11  service provider and who has sexual contact with another service recipi-
    12  ent who is a consenting adult who has consented to such contact; [or]
    13    (j) detained or otherwise in the custody of a  police  officer,  peace
    14  officer,  or  other  law  enforcement official and the actor is a police
    15  officer, peace officer or other law enforcement official who either: (i)
    16  is detaining or maintaining custody of such person; or  (ii)  knows,  or
    17  reasonably should know, that at the time of the offense, such person was
    18  detained or in custody[.]; or
    19    (k) a student at an elementary or secondary school, and the actor:
    20    (i)  is a school employee at the same school or co-located school such
    21  student attends, and
    22    (ii) is eighteen years of age or older and more than four years  older
    23  than such student at the time of the act, and
    24    (iii) is not married to such student, and
    25    (iv)  knows or reasonably should know that such person is a student at
    26  such school or co-located school, and
    27    (v) he or she is not a student at the same school.
    28    § 3. This act shall take effect on the first of November next succeed-
    29  ing the date on which it shall have become a law.