Bill Text: NY S00112 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that a student enrolled in an elementary or secondary school in this state, regardless of age, who is engaged in sexual conduct with an employee or volunteer of such school, is deemed incapable of consenting to such conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00112 Detail]

Download: New_York-2009-S00112-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          112
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
         printed to be committed 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