assembly Bill A736

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Jan 07, 2009 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A736 (ACTIVE) - Details

See Senate Version of this Bill:
S299
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.00 & 130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A470, S6714
2013-2014: A1504, S1358
2015-2016: A1828, S819
2017-2018: A1849, S2582
2019-2020: A2043, S2025
2021-2022: A45, S5350

A736 (ACTIVE) - 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.

A736 (ACTIVE) - Bill Text download pdf

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

                                   736

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. GUNTHER, GALEF, BENEDETTO, WEISENBERG, REILLY,
  SPANO, JAFFEE, HOOPER, FIELDS, SAYWARD,  TOWNSEND,  DUPREY  --  Multi-
  Sponsored  by  --  M.  of  A.  ALFANO, BALL, BARCLAY, CALHOUN, CROUCH,
  DelMONTE, ERRIGO, GABRYSZAK, GIGLIO, HYER-SPENCER, JOHN, KOON,  McKEV-
  ITT,  MILLER,  MOLINARO, OAKS, PERRY, PHEFFER, QUINN, RAIA, SCHROEDER,
  STIRPE, SWEENEY, THIELE, WALKER --  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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00198-01-9