Bill Text: NY S06597 | 2017-2018 | General Assembly | Amended


Bill Title: Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee; provides that no cause of action against law enforcement or school district shall exist for damages related to the dissemination of criminal history or arrest records.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A8382B [S06597 Detail]

Download: New_York-2017-S06597-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6597--B
            Cal. No. 1455
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 6, 2017
                                       ___________
        Introduced by Sens. SERINO, MARCHIONE -- read twice and ordered printed,
          and  when  printed to be committed to the Committee on Rules -- recom-
          mitted to the Committee on Education in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and  recommitted to said committee -- reported favorably from
          said committee, ordered to first and second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
        AN  ACT  to  amend the education law, in relation to requiring immediate
          notification by law enforcement of the filing of an accusatory instru-
          ment alleging a sex offense by an employee
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 3021-a
     2  to read follows:
     3    §  3021-a.  Notification  of  accusatory  instrument  alleging  a  sex
     4  offense. 1. For purposes of this section:
     5    (a) The term "employee" means any person receiving compensation from a
     6  school  district,  charter  school,  board  of  cooperation  educational
     7  services,  private  elementary  or  secondary  school, special education
     8  schools, or employee of a contracted service provider or  worker  placed
     9  within  the school under a public assistance employment program pursuant
    10  to title nine-B of article five of the social services law, and consist-
    11  ent with the provisions of such title for the provision of  services  to
    12  such  district or school, its students or employees, directly or through
    13  contract, whereby such services performed by such person involved direct
    14  student contact.
    15    (b) The term "sex offense" means an offense for which registration  as
    16  a  sex  offender is required pursuant to article six-C of the correction
    17  law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13055-08-8

        S. 6597--B                          2
     1    2. When an accusatory instrument has been filed alleging  the  commis-
     2  sion  of  a  sex offense by a person known to be an employee of a school
     3  district, charter school, board  of  cooperative  educational  services,
     4  private elementary or secondary school, or special education schools, it
     5  is the responsibility of the district attorney to immediately notify the
     6  superintendent  of  schools  or  school  administrator that employs such
     7  employee of the accusatory instrument and the sex  offense  or  offenses
     8  alleged therein.
     9    3.    Nothing  in this section shall be deemed to diminish the rights,
    10  privileges, or remedies of any employee contained within  section  three
    11  thousand  twenty-a of this article, or section seventy-five of the civil
    12  service law, or under any collective bargaining agreement or  employment
    13  contract.
    14    § 2. This act shall take effect immediately.
feedback