Bill Text: NY A04161 | 2021-2022 | 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) 2021-12-10 - enacting clause stricken [A04161 Detail]

Download: New_York-2021-A04161-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4161

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M.  of  A.  RODRIGUEZ  --  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  (j)  of subdivision 3 of section 130.05 of the
     2  penal law, as added by section 1 of part JJ of chapter 55 of the laws of
     3  2018, is amended and a new paragraph (k) is added to read as follows:
     4    (j) detained or otherwise in the custody of a  police  officer,  peace
     5  officer,  or  other  law  enforcement official and the actor is a police
     6  officer, peace officer or other law enforcement official who either: (i)
     7  is detaining or maintaining custody of such person; or  (ii)  knows,  or
     8  reasonably should know, that at the time of the offense, such person was
     9  detained or in custody[.]; or
    10    (k)  a  student  enrolled in an elementary or secondary school in this
    11  state, regardless of age, who is engaged in sexual conduct as defined in
    12  subdivision ten of section 130.00 of this article with  an  employee  or
    13  volunteer  of  the school attended by such student. For purposes of this
    14  paragraph, "employee" means any person receiving compensation to provide
    15  services to such school, whereby such services performed by such  person
    16  involve direct student contact. "Volunteer" means any person, other than
    17  an employee, who provides services to such school, which involves direct
    18  student contact.
    19    §  2.  This  act shall take effect on the thirtieth day after it shall
    20  have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03033-01-1