Bill Text: NY A00677 | 2017-2018 | General Assembly | Introduced
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: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A00677 Detail]
Download: New_York-2017-A00677-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 677 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ 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 (i) of subdivision 3 of section 130.05 of the 2 penal law, as added by section 2 of part G of chapter 501 of the laws of 3 2012, is amended and a new paragraph (j) is added to read as follows: 4 (i) a resident or inpatient of a residential facility operated, 5 licensed or certified by (i) the office of mental health; (ii) the 6 office for people with developmental disabilities; or (iii) the office 7 of alcoholism and substance abuse services, and the actor is an employee 8 of the facility not married to such resident or inpatient. For purposes 9 of this paragraph, "employee" means either: an employee of the agency 10 operating the residential facility, who knows or reasonably should know 11 that such person is a resident or inpatient of such facility and who 12 provides direct care services, case management services, medical or 13 other clinical services, habilitative services or direct supervision of 14 the residents in the facility in which the resident resides; or an offi- 15 cer or other employee, consultant, contractor or volunteer of the resi- 16 dential facility, who knows or reasonably should know that the person is 17 a resident of such facility and who is in direct contact with residents 18 or inpatients; provided, however, that the provisions of this paragraph 19 shall only apply to a consultant, contractor or volunteer providing 20 services pursuant to a contractual arrangement with the agency operating 21 the residential facility or, in the case of a volunteer, a written 22 agreement with such facility, provided that the person received written 23 notice concerning the provisions of this paragraph; provided further, 24 however, "employee" shall not include a person with a developmental EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03962-01-7A. 677 2 1 disability who is or was receiving services and is also an employee of a 2 service provider and who has sexual contact with another service recipi- 3 ent who is a consenting adult who has consented to such contact[.]; or 4 (j) a student enrolled in an elementary or secondary school in this 5 state, regardless of age, who is engaged in sexual conduct as defined in 6 subdivision ten of section 130.00 of this article with an employee or 7 volunteer of the school attended by such student. For purposes of this 8 paragraph, "employee" means any person receiving compensation to provide 9 services to such school, whereby such services performed by such person 10 involve direct student contact. "Volunteer" means any person, other than 11 an employee, who provides services to such school, which involves direct 12 student contact. 13 § 2. This act shall take effect on the thirtieth day after it shall 14 have become a law.