Bill Text: NY A00607 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 607 (Prior Session Legislation)

Introduced

Bill Title: Deems a person who engages in sexual conduct during the period of their probation with his or her supervising probation officer as being incapable of consent.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00607 Detail]

Download: New_York-2021-A00607-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                           607

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
          to the Committee on Codes

        AN  ACT  to  amend  the  penal  law, in relation to deeming a person who
          engages in sexual conduct during the period of  their  probation  with
          his or her supervising probation officer as being incapable of consent

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

     1    Section 1. Subdivision 3 of section 130.05 of the penal law is amended
     2  by adding a new paragraph (k) to read as follows:
     3    (k) under the supervision of a local probation department, pursuant to
     4  section two hundred seventy-two of the correction law, or another  local
     5  department  or agency which fulfills a similar function and the actor is
     6  an employee who knows or reasonably should  know  that  such  person  is
     7  committed  to  the  supervision  of  a local probation department.   For
     8  purposes of this paragraph, "employee" means an employee of  such  local
     9  probation  department  or  agency who, as part of his or her employment,
    10  supervises the victim at the time of the offense or has  supervised  the
    11  victim  and  the  victim is still under supervision of a local probation
    12  department or agency at the time of the offense.
    13    § 2. This act shall take effect on the first of November next succeed-
    14  ing the date on which it shall have become a law.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00367-01-1