Bill Text: NY S00494 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that a full time elementary or secondary school 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: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00494 Detail]

Download: New_York-2023-S00494-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           494

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen.  STEC  --  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 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
    23  a  resident of such facility and who is in direct contact with residents
    24  or inpatients; provided, however, that the provisions of this  paragraph

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01165-01-3
        S. 494                              2

     1  shall  only  apply  to  a  consultant, contractor or volunteer providing
     2  services pursuant to a contractual arrangement with the agency operating
     3  the residential facility or, in the  case  of  a  volunteer,  a  written
     4  agreement  with such facility, provided that the person received written
     5  notice concerning the provisions of this  paragraph;  provided  further,
     6  however,  "employee"  shall  not  include  a person with a developmental
     7  disability who is or was receiving services and is also an employee of a
     8  service provider and who has sexual contact with another service recipi-
     9  ent who is a consenting adult who has consented to such contact; [or]
    10    (j) detained or otherwise in the custody of a  police  officer,  peace
    11  officer,  or  other  law  enforcement official and the actor is a police
    12  officer, peace officer or other law enforcement official who either: (i)
    13  is detaining or maintaining custody of such person; or  (ii)  knows,  or
    14  reasonably should know, that at the time of the offense, such person was
    15  detained or in custody[.]; or
    16    (k) a student at an elementary or secondary school, and the actor:
    17    (i)  is a school employee at the same school or co-located school such
    18  student attends, and
    19    (ii) is eighteen years of age or older and more than four years  older
    20  than such student at the time of the act, and
    21    (iii) is not married to such student, and
    22    (iv)  knows or reasonably should know that such person is a student at
    23  such school or co-located school, and
    24    (v) he or she is not a student at the same school.
    25    § 3. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.