Bill Text: NY A04213 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that all employees of the department of correctional services have a duty to report any sexual conduct between an employee and an inmate; provides that employees that fail to report shall be subject to disciplinary action.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A04213 Detail]

Download: New_York-2019-A04213-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4213
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by  M.  of  A.  WEPRIN,  O'DONNELL,  AUBRY  -- read once and
          referred to the Committee on Correction
        AN ACT to amend the correction law, in relation to the  duty  to  report
          sexual conduct by an employee with an inmate
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The correction law is amended by adding a new section  22-b
     2  to read as follows:
     3    § 22-b. Duty to report. All employees of the department, regardless of
     4  title,  are  under  a  duty to report any sexual conduct between another
     5  department employee and an inmate. Such duty to report shall include any
     6  knowledge or a reasonable belief that the employee  has  of  any  sexual
     7  conduct  taking  place  or  that  has taken place between any department
     8  employee and any inmate not married to such employee, in the custody  of
     9  the  department.  Any  department  employee having either knowledge or a
    10  reasonable belief of any sexual conduct taking  place  or  having  taken
    11  place between any department employee and an inmate has a duty to report
    12  such  information  to  the  superintendent  of the correctional facility
    13  where such sexual conduct is  taking  place  or  has  taken  place.  Any
    14  employee who has either knowledge or a reasonable belief to suspect that
    15  such sexual conduct is taking place or has taken place between a depart-
    16  ment  employee  and an inmate and who reports such sexual conduct to the
    17  superintendent of the correctional facility shall have immunity from any
    18  civil liability that otherwise might be incurred or imposed as a  result
    19  of the making of such report.
    20    Any employee who either has either knowledge or a reasonable belief of
    21  sexual conduct between a department employee and an inmate and who fails
    22  to report such information shall be subject to disciplinary action.
    23    For purposes of this section, sexual conduct shall have the same mean-
    24  ing  as such term is defined in subdivision ten of section 130.00 of the
    25  penal law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07209-01-9
        A. 4213                             2
     1    As used in this section, the term employee shall include a person  who
     2  is  registered  as  a  volunteer  to  provide  a service to inmates at a
     3  correctional facility.
     4    § 2. This act shall take effect immediately.