Bill Text: NY A00470 | 2011-2012 | 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, including volunteers, when the employee is 18 or older and knows or should reasonably have known that the student was a student at the school, and such employee is not a full time student at such school, nor married to such student.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A00470 Detail]

Download: New_York-2011-A00470-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          470
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of A. GUNTHER, GALEF, BENEDETTO, WEISENBERG, REILLY,
         SPANO, JAFFEE, HOOPER, SAYWARD, DUPREY -- Multi-Sponsored by -- M.  of
         A.  BARCLAY,  BOYLE,  CALHOUN,  CROUCH,  GABRYSZAK,  GIGLIO, McKEVITT,
         J. MILLER, MOLINARO, OAKS, PERRY, PHEFFER, RAIA,  SCHROEDER,  SWEENEY,
         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    S  2.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
    7  law, as amended by chapter 264 of the laws of 2003, is amended and a new
    8  paragraph (i) is added to read as follows:
    9    (h) a client or patient and the actor is a  health  care  provider  or
   10  mental  health  care  provider  charged with rape in the third degree as
   11  defined in section 130.25, criminal sexual act in the  third  degree  as
   12  defined  in section 130.40, aggravated sexual abuse in the fourth degree
   13  as defined in section 130.65-a, or sexual abuse in the third  degree  as
   14  defined in section 130.55, and the act of sexual conduct occurs during a
   15  treatment session, consultation, interview, or examination[.]; OR
   16    (I) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR:
   17    (I) IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL SUCH STUDENT ATTENDS, AND
   18    (II)  IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS OLDER
   19  THAN SUCH STUDENT AT THE TIME OF THE ACT, AND
   20    (III) IS NOT MARRIED TO SUCH STUDENT, AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02002-01-1
       A. 470                              2
    1    (IV) KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT  AT
    2  SUCH SCHOOL, AND
    3    (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL.
    4    S 3. This act shall take effect on the first of November next succeed-
    5  ing the date on which it shall have become a law.