S T A T E O F N E W Y O R K ________________________________________________________________________ 4454 2009-2010 Regular Sessions I N A S S E M B L Y February 4, 2009 ___________ Introduced by M. of A. TOWNS, CROUCH, WALKER, KOLB -- Multi-Sponsored by -- M. of A. MARKEY, SCARBOROUGH, WEISENBERG -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to deeming students who engage in sexual conduct with an employee or volunteer of the school such student attends 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. Paragraph (h) of subdivision 3 of section 130.05 of the 2 penal law, as amended by chapter 264 of the laws of 2003, is amended and 3 a new paragraph (i) is added to read as follows: 4 (h) a client or patient and the actor is a health care provider or 5 mental health care provider charged with rape in the third degree as 6 defined in section 130.25, criminal sexual act in the third degree as 7 defined in section 130.40, aggravated sexual abuse in the fourth degree 8 as defined in section 130.65-a, or sexual abuse in the third degree as 9 defined in section 130.55, and the act of sexual conduct occurs during a 10 treatment session, consultation, interview, or examination[.]; OR 11 (I) A STUDENT ENROLLED IN AN ELEMENTARY OR SECONDARY SCHOOL IN THIS 12 STATE, REGARDLESS OF AGE, WHO IS ENGAGED IN SEXUAL CONDUCT AS DEFINED IN 13 SUBDIVISION TEN OF SECTION 130.00 WITH AN EMPLOYEE OR VOLUNTEER OF THE 14 SCHOOL ATTENDED BY SUCH STUDENT. FOR PURPOSES OF THIS PARAGRAPH, 15 "EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION TO PROVIDE SERVICES 16 TO SUCH SCHOOL, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVE 17 DIRECT STUDENT CONTACT. "VOLUNTEER" MEANS ANY PERSON, OTHER THAN AN 18 EMPLOYEE, WHO PROVIDES SERVICES TO SUCH SCHOOL, WHICH INVOLVES DIRECT 19 STUDENT CONTACT. 20 S 2. This act shall take effect on the thirtieth day after it shall 21 have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01976-01-9