Bill Text: NY A02043 | 2019-2020 | General Assembly | Introduced
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 or a co-located school, including volunteers, when the employee is 18 or older and more than 4 years older than such student at the time of the act and knows or should reasonably have known that the student was a student at the school or a co-located school, and such employee is not a full time student at such school, nor married to such student.
Spectrum: Slight Partisan Bill (Democrat 9-5)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A02043 Detail]
Download: New_York-2019-A02043-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2043 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. GUNTHER, GALEF, BENEDETTO, JAFFEE, MONTESANO, STEC -- Multi-Sponsored by -- M. of A. BARCLAY, CRESPO, DAVILA, GIGLIO, GOODELL, PERRY, RIVERA, THIELE -- read once and referred to the Committee on Codes 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 § 2. Paragraphs (i) and (j) of subdivision 3 of section 130.05 of the 7 penal law, paragraph (i) as amended and paragraph (j) as added by 8 section 1 of part JJ of chapter 55 of the laws of 2018, are amended and 9 a new paragraph (k) is added to read as follows: 10 (i) a resident or inpatient of a residential facility operated, 11 licensed or certified by (i) the office of mental health; (ii) the 12 office for people with developmental disabilities; or (iii) the office 13 of alcoholism and substance abuse services, and the actor is an employee 14 of the facility not married to such resident or inpatient. For purposes 15 of this paragraph, "employee" means either: an employee of the agency 16 operating the residential facility, who knows or reasonably should know 17 that such person is a resident or inpatient of such facility and who 18 provides direct care services, case management services, medical or 19 other clinical services, habilitative services or direct supervision of 20 the residents in the facility in which the resident resides; or an offi- 21 cer or other employee, consultant, contractor or volunteer of the resi- 22 dential facility, who knows or reasonably should know that the person is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01866-01-9A. 2043 2 1 a resident of such facility and who is in direct contact with residents 2 or inpatients; provided, however, that the provisions of this paragraph 3 shall only apply to a consultant, contractor or volunteer providing 4 services pursuant to a contractual arrangement with the agency operating 5 the residential facility or, in the case of a volunteer, a written 6 agreement with such facility, provided that the person received written 7 notice concerning the provisions of this paragraph; provided further, 8 however, "employee" shall not include a person with a developmental 9 disability who is or was receiving services and is also an employee of a 10 service provider and who has sexual contact with another service recipi- 11 ent who is a consenting adult who has consented to such contact; [or] 12 (j) detained or otherwise in the custody of a police officer, peace 13 officer, or other law enforcement official and the actor is a police 14 officer, peace officer or other law enforcement official who either: (i) 15 is detaining or maintaining custody of such person; or (ii) knows, or 16 reasonably should know, that at the time of the offense, such person was 17 detained or in custody[.]; or 18 (k) a student at an elementary or secondary school, and the actor: 19 (i) is a school employee at the same school or co-located school such 20 student attends, and 21 (ii) is eighteen years of age or older and more than four years older 22 than such student at the time of the act, and 23 (iii) is not married to such student, and 24 (iv) knows or reasonably should know that such person is a student at 25 such school or co-located school, and 26 (v) he or she is not a student at the same school. 27 § 3. This act shall take effect on the first of November next succeed- 28 ing the date on which it shall have become a law.
