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.
                                                                   LBD03962-01-7

        A. 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.
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