Bill Text: NY A08382 | 2017-2018 | General Assembly | Amended


Bill Title: Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee; provides that no cause of action against law enforcement or school district shall exist for damages related to the dissemination of criminal history or arrest records.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-24 - signed chap.233 [A08382 Detail]

Download: New_York-2017-A08382-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8382--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 12, 2017
                                       ___________
        Introduced  by M. of A. GALEF, McDONALD -- read once and referred to the
          Committee on Education -- recommitted to the Committee on Education in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on Codes -- reported and
          referred to the Committee on Rules -- Rules Committee discharged, bill
          amended, ordered reprinted as amended and recommitted to the Committee
          on Rules
        AN ACT to amend the education law, in relation  to  requiring  immediate
          notification by law enforcement of the filing of an accusatory instru-
          ment alleging a sex offense by an employee
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 3021-a
     2  to read follows:
     3    §  3021-a.  Notification  of  accusatory  instrument  alleging  a  sex
     4  offense. 1. For purposes of this section:
     5    (a) The term "employee" means any person receiving compensation from a
     6  school  district,  charter  school,  board  of  cooperation  educational
     7  services, private elementary  or  secondary  school,  special  education
     8  schools,  or  employee of a contracted service provider or worker placed
     9  within the school under a public assistance employment program  pursuant
    10  to title nine-B of article five of the social services law, and consist-
    11  ent  with  the provisions of such title for the provision of services to
    12  such district or school, its students or employees, directly or  through
    13  contract, whereby such services performed by such person involved direct
    14  student contact.
    15    (b)  The term "sex offense" means an offense for which registration as
    16  a sex offender is required pursuant to article six-C of  the  correction
    17  law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13055-09-8

        A. 8382--B                          2
     1    2.  When  an accusatory instrument has been filed alleging the commis-
     2  sion of a sex offense by a person known to be an employee  of  a  school
     3  district,  charter  school,  board  of cooperative educational services,
     4  private elementary or secondary school, or special education schools, it
     5  is the responsibility of the district attorney to immediately notify the
     6  superintendent  of  schools  or  school  administrator that employs such
     7  employee of the accusatory instrument and the sex  offense  or  offenses
     8  alleged therein.
     9    3.    Nothing  in this section shall be deemed to diminish the rights,
    10  privileges, or remedies of any employee contained within  section  three
    11  thousand  twenty-a of this article, or section seventy-five of the civil
    12  service law, or under any collective bargaining agreement or  employment
    13  contract.
    14    § 2. This act shall take effect immediately.
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