senate Bill S1358

Amended

Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 19 / Mar / 2013
    • 1ST REPORT CAL.253
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • PASSED SENATE
  • 06 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 29 / Apr / 2014
    • 1ST REPORT CAL.460
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • AMENDED 1358A
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 19 / May / 2014
    • PASSED SENATE
  • 19 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / May / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A1504
Versions:
S1358
S1358A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.00 & 130.05, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6714, A470
2009-2010: S299, S4894, A736
2007-2008: A7671

Sponsor Memo

BILL NUMBER:S1358

TITLE OF BILL:
An act
to amend the penal law, in relation to providing that an
elementary or secondary school student shall be incapable of consenting
to sexual conduct with a school employee

PURPOSE:
To criminalize school employees for sexual conduct with full time
students of elementary and secondary schools.

SUMMARY OF PROVISIONS:

Section 1- Amends section 130.00 of the penal law by defining "school
employee."

Section 2- Amends paragraph (h) of subdivision 3 of section 130.05 of
the penal law and adds a new paragraph to include school employees,
being eighteen years of older, at the same school of such student
attends to be charged if sexual conduct occurs.

Section 3- Contains the effective date.

EXISTING LAW:

Section 130.05 provides for the definition of sex offense with lack of
consent as rape in the third degree, which is a class E felony and
carries a sentence of 1 1/3 to 4 years imprisonment.

JUSTIFICATION:
This legislation seeks to assign a criminal penalty to those persons
who engage in sexual conduct with a person that he or she knows or
reasonably should know is a full time student at the school that they
are employed.

Children need to be protected from those in positions of power who may
try and manipulate them into engaging in sexual activities, even if
they are at the age of consent. There have been far too many
instances of inappropriate sexual conduct between teachers and their
students.

This legislation also defines the term school employee to mean any
person defined as an employee or volunteer pursuant to section 1125
of the education law. Any person receiving
compensation from a school district where services performed involved
district student contact and any person, other than an employee, who
provide services to a school or school district, which involve direct
student contact would be considered a school employee. This
legislation addresses any possible adult that is in a position of
trust in a school.

Twenty other states have recognized the seriousness of the issue and
criminalize this conduct under their current statutes.

LEGISLATIVE HISTORY:
2009/10- Referred to codes
2007/08- Passed Senate
2006- Passed Senate

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1358

                       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

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:

  Section 1. Section 130.00 of the penal law is amended by adding a  new
subdivision 14 to read as follows:
  14.  "SCHOOL  EMPLOYEE" SHALL MEAN ANY PERSON DEFINED AS AN "EMPLOYEE"
OR "VOLUNTEER" PURSUANT TO SECTION ELEVEN  HUNDRED  TWENTY-FIVE  OF  THE
EDUCATION LAW.
  S  2.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
law, as amended by chapter 264 of the laws of 2003, is amended and a new
paragraph (i) is added to read as follows:
  (h) a client or patient and the actor is a  health  care  provider  or
mental  health  care  provider  charged with rape in the third degree as
defined in section 130.25, criminal sexual act in the  third  degree  as
defined  in section 130.40, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination[.]; OR
  (I) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR:
  (I) IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL SUCH STUDENT ATTENDS, AND
  (II)  IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS OLDER
THAN SUCH STUDENT AT THE TIME OF THE ACT, AND
  (III) IS NOT MARRIED TO SUCH STUDENT, AND
  (IV) KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT  AT
SUCH SCHOOL, AND
  (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01202-01-3

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