Bill Text: NY A02043 | 2019-2020 | 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: Slight Partisan Bill (Democrat 9-5)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A02043 Detail]

Download: New_York-2019-A02043-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2043
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by  M.  of  A. GUNTHER, GALEF, BENEDETTO, JAFFEE, MONTESANO,
          STEC -- Multi-Sponsored by  --  M.  of  A.  BARCLAY,  CRESPO,  DAVILA,
          GIGLIO,  GOODELL,  PERRY,  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-
    22  dential facility, who knows or reasonably should know that the person is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01866-01-9
        A. 2043                             2
     1  a  resident of such facility and who is in direct contact with residents
     2  or inpatients; provided, however, that the provisions of this  paragraph
     3  shall  only  apply  to  a  consultant, contractor or volunteer providing
     4  services pursuant to a contractual arrangement with the agency operating
     5  the  residential  facility  or,  in  the  case of a volunteer, a written
     6  agreement with such facility, provided that the person received  written
     7  notice  concerning  the  provisions of this paragraph; provided further,
     8  however, "employee" shall not include  a  person  with  a  developmental
     9  disability who is or was receiving services and is also an employee of a
    10  service provider and who has sexual contact with another service recipi-
    11  ent who is a consenting adult who has consented to such contact; [or]
    12    (j)  detained  or  otherwise in the custody of a police officer, peace
    13  officer, or other law enforcement official and the  actor  is  a  police
    14  officer, peace officer or other law enforcement official who either: (i)
    15  is  detaining  or  maintaining custody of such person; or (ii) knows, or
    16  reasonably should know, that at the time of the offense, such person was
    17  detained or in custody[.]; or
    18    (k) a student at an elementary or secondary school, and the actor:
    19    (i) is a school employee at the same school or co-located school  such
    20  student attends, and
    21    (ii)  is eighteen years of age or older and more than four years older
    22  than such student at the time of the act, and
    23    (iii) is not married to such student, and
    24    (iv) knows or reasonably should know that such person is a student  at
    25  such school or co-located school, and
    26    (v) he or she is not a student at the same school.
    27    § 3. This act shall take effect on the first of November next succeed-
    28  ing the date on which it shall have become a law.