Bill Text: NY S01358 | 2013-2014 | 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, including volunteers, when the employee is 18 or older and knows or should reasonably have known that the student was a student at the school, and such employee is not a full time student at such school, nor married to such student.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2014-05-19 - referred to codes [S01358 Detail]

Download: New_York-2013-S01358-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1358--A
           Cal. No. 460
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. LITTLE, LANZA -- read twice and ordered printed, and
         when  printed to be committed to the Committee on Codes -- recommitted
         to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
         reported  favorably  from  said committee, ordered to first and second
         report, amended on second report, ordered to a third reading,  and  to
         be  reprinted  as  amended,  retaining its place in the order of third
         reading
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01202-04-4
       S. 1358--A                          2
    1  the residents in the facility in which the resident resides; or an offi-
    2  cer or other employee, consultant, contractor or volunteer of the  resi-
    3  dential facility, who knows or reasonably should know that the person is
    4  a  resident of such facility and who is in direct contact with residents
    5  or inpatients; provided, however, that the provisions of this  paragraph
    6  shall  only  apply  to  a  consultant, contractor or volunteer providing
    7  services pursuant to a contractual arrangement with the agency operating
    8  the residential facility or, in the  case  of  a  volunteer,  a  written
    9  agreement  with such facility, provided that the person received written
   10  notice concerning the provisions of this  paragraph;  provided  further,
   11  however,  "employee"  shall  not  include  a person with a developmental
   12  disability who is or was receiving services and is also an employee of a
   13  service provider and who has sexual contact with another service recipi-
   14  ent who is a consenting adult who has consented to such contact[.]; OR
   15    (J) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR:
   16    (I) IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL SUCH STUDENT ATTENDS, AND
   17    (II) IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS  OLDER
   18  THAN SUCH STUDENT AT THE TIME OF THE ACT, AND
   19    (III) IS NOT MARRIED TO SUCH STUDENT, AND
   20    (IV)  KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT AT
   21  SUCH SCHOOL, AND
   22    (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL.
   23    S 3. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.