Bill Text: NY S00819 | 2015-2016 | General Assembly | Amended

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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: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2016-04-11 - referred to codes [S00819 Detail]

Download: New_York-2015-S00819-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        819--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sens.  LITTLE,  LANZA,  SEWARD -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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    S  2.  Paragraph  (i)  of subdivision 3 of section 130.05 of the penal
    7  law, as added by section 2 of part G of chapter 501 of the laws of 2012,
    8  is amended and a new paragraph (j) is added to read as follows:
    9    (i) a resident  or  inpatient  of  a  residential  facility  operated,
   10  licensed  or  certified  by  (i)  the  office of mental health; (ii) the
   11  office for people with developmental disabilities; or (iii)  the  office
   12  of alcoholism and substance abuse services, and the actor is an employee
   13  of  the facility not married to such resident or inpatient. For purposes
   14  of this paragraph, "employee" means either: an employee  of  the  agency
   15  operating  the residential facility, who knows or reasonably should know
   16  that such person is a resident or inpatient of  such  facility  and  who
   17  provides  direct  care  services,  case  management services, medical or
   18  other clinical services, habilitative services or direct supervision  of
   19  the residents in the facility in which the resident resides; or an offi-
   20  cer  or other employee, consultant, contractor or volunteer of the resi-
   21  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.
                                                                  LBD03398-02-5
       S. 819--A                           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) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR:
   13    (I)  IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL OR CO-LOCATED SCHOOL SUCH
   14  STUDENT ATTENDS, AND
   15    (II) IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS  OLDER
   16  THAN SUCH STUDENT AT THE TIME OF THE ACT, AND
   17    (III) IS NOT MARRIED TO SUCH STUDENT, AND
   18    (IV)  KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT AT
   19  SUCH SCHOOL OR CO-LOCATED SCHOOL, AND
   20    (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL.
   21    S 3. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.