senate Bill S4791

Makes provisions with respect to sexual assault against a child by a person in a position of trust

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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

  • 24 / Apr / 2013
    • REFERRED TO CODES
  • 08 / May / 2013
    • 1ST REPORT CAL.614
  • 20 / May / 2013
    • 2ND REPORT CAL.
  • 21 / May / 2013
    • ADVANCED TO THIRD READING
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Establishes offenses of sexual assault against a child by a person in a position of trust for the subjection of a child to sexual contact by a person in a position of trust; defines "person in position of trust" as a person charged with the duty or responsibility for health, education, welfare or supervision of a child; provides such offenses in the first and second degrees shall be violent felony offenses.

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Bill Details

See Assembly Version of this Bill:
A6102
Versions:
S4791
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 130.00, add §§130.97, 130.98 & 130.99, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1541A, A6858
2009-2010: S1481, A3674
2007-2008: A2085

Sponsor Memo

BILL NUMBER:S4791

TITLE OF BILL: An act to amend the penal law, in relation to sexual
assault against a child by a person in a position of trust

PURPOSE: To increase criminal penalties for sexual contact between a
minor and a person in a position of trust.

SUMMARY OF PROVISIONS: Article 130 of the NYS Penal Law is amended to
add three new crimes in relation to sexual assault of a child by a
person in a position of trust. These new crimes are sexual assault
against a child by a person in a position of trust in the first,
second and third degrees. Also newly defined in Section 130 is
"person in a position of trust."

EXISTING LAW: There are prohibitions against sexual contact with a
minor but the law does not presently increase the penalties with
regard to a person in a position of trust.

JUSTIFICATION: Parents are not with their children every moment of
every day. It is just not possible, nor is it a good idea for the
parent or the child. Therefore it is necessary that children are
supervised by other adults for various periods of time during the
child's life. This could start with a day-care center, a nursery
school, school, athletics or group activities.

These adults are responsible for these children while under their
supervision. These children should not be subjected to any sexual
contact. If there is any, the adults should be held to a stricter
standard and punished to a greater degree because of the special
relationships between the minor and the adult.

If parents entrust their children into the care of another adult, the
parents should be able to have a sense of security that their child
will not be subject to any sexual contact while under that other
adult's supervision.

LEGISLATIVE HISTORY: 2011/2012 - S.1541A - Passed Senate/ Assembly
Codes 2009/10 - S.1481 - Referred to Codes 2007/08 - S.432 - Passed
Senate Non-Controversial 59-0/Assembly Codes 2005/06 - S.480A - Passed
Senate/Assembly Codes 2003/04 - S.550/A.2904 - Passed Senate/Assembly
Codes 2001/02 - S.386A - Passed Senate/Assembly Codes 1999/00 - S.973A
- Passed Senate/Assembly Codes 1997/98 - Passed Senate/Assembly Codes

FISCAL IMPLICATIONS: None.

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

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

                                  4791

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- 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 sexual assault  against  a
  child by a person in a position of trust

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as amended by chapter 1 of the laws of 2013
and paragraph (d) as amended by chapter 7  of  the  laws  of  2007,  are
amended to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67,  SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
TRUST IN THE FIRST DEGREE AS DEFINED IN SECTION  130.97,  assault  on  a
peace  officer,  police  officer,  fireman or emergency medical services
professional as defined in section 120.08, assault on a judge as defined
in section 120.09, gang assault in  the  second  degree  as  defined  in
section  120.06, strangulation in the first degree as defined in section
121.13, burglary in the second degree  as  defined  in  section  140.25,
robbery  in  the  second  degree  as defined in section 160.10, criminal
possession of a weapon in  the  second  degree  as  defined  in  section
265.03,  criminal  use  of  a firearm in the second degree as defined in
section 265.08, criminal sale of a  firearm  in  the  second  degree  as
defined  in section 265.12, criminal sale of a firearm with the aid of a
minor as defined in section 265.14, aggravated criminal possession of  a
weapon as defined in section 265.19, soliciting or providing support for
an  act  of  terrorism in the first degree as defined in section 490.15,
hindering prosecution of terrorism in the second degree  as  defined  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09689-01-3

S. 4791                             2

section  490.30, and criminal possession of a chemical weapon or biolog-
ical weapon in the third degree as defined in section 490.37.
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and], placing a false  bomb  or  hazardous
substance  in the second degree as defined in section 240.61, AND SEXUAL
ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE SECOND
DEGREE AS DEFINED IN SECTION 130.98.
  S 2. Section 130.00 of the penal law is amended by adding a new subdi-
vision 14 to read as follows:
  14. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
WITH  ANY  DUTY  OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE OR
SUPERVISION OF A CHILD, EITHER INDEPENDENTLY OR THROUGH ANOTHER  PERSON,
NO MATTER HOW BRIEF.
  S  3.  The  penal  law is amended by adding three new sections 130.97,
130.98 and 130.99 to read as follows:
S 130.97 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON  IN  A  POSITION  OF
           TRUST IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A
POSITION OF TRUST IN THE FIRST DEGREE WHEN HE OR SHE  SUBJECTS  A  CHILD
LESS  THAN  ELEVEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE FIRST DEGREE IS A CLASS C FELONY.
S 130.98 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST IN THE SECOND DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN FOURTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE SECOND DEGREE IS A CLASS E FELONY.
S 130.99 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST  IN THE THIRD DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN EIGHTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that if section 27 of chapter 1 of the laws of 2013 shall not have taken
effect on or before the effective date of this act, then the  amendments
to  paragraph  (b)  of  subdivision 1 of section 70.02 of the penal law,
made by section one of this act, shall take effect on the same date  and
in the same manner as such section 27 takes effect.

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